Paul Kehoe (Wexford, Fine Gael) | Oireachtas source

I thank the Senator. He is correct that I replied to a similar Commencement matter in January. This case involves the submission by a former officer of the Permanent Defence Forces to the Ombudsman for the Defence Forces. The submission was in the form of an appeal from redress of wrongs made under section 114 of the Defence Act 1954 on foot of the considered findings of the Chief of Staff that the complainant had not been wronged in the view of the Defence Forces. The complainant alleges that he was wronged by an administrative error in a promotion competition held in 2012 and, as a consequence, he was not promoted to the next higher rank with consequential implications relating to retirement on age grounds, gratuity and pension entitlement.

In his final report, the ombudsman concluded that the promotion competition process was administered in a procedurally unfair manner as, in his view, there was ambiguity in respect of the provisions regarding length of service marks. In addition to his findings, the ombudsman made a range of recommendations arising from the case, some of which may have wider implications for the defence organisation. While, under statute, I am not bound to accept the ombudsman's findings, I am keen to ensure a conclusion to this matter is reached shortly. Given the complexities involved, it is right and proper that the Department fully deliberates on the potential implications of the findings.

As acknowledged to the Senator earlier this year, the Department has sought and has now received legal advice on the matter. I am aware that the Senator has been in discussions with my officials and has been advised that the matter is under active review. I am sure he will appreciate that given the complexities of this case, the Department must exercise due diligence in its approach. However, I acknowledge his concern that this matter be resolved as soon as possible and I will bear this in mind when I receive the Department’s report. In light of this, the House will appreciate it would be not appropriate for me to comment further on this case at this point in time.