Bernard Allen (Cork North Central, Fine Gael)
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Question 113: To ask the Minister for Defence if the Office of the Ombudsman has been established; the number of cases which have been submitted to that office to date; the number of these which have been dealt with; the outcome of same; and if he will make a statement on the matter. [17124/06]

Willie O'Dea (Limerick East, Fianna Fail)
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The Office of the Ombudsman for the Defence Forces was established under the Ombudsman (Defence Forces) Act 2004. In accordance with the terms of Section 2 of the Act, the President, acting upon the recommendation of the Government, appointed Ms Paulyn Marrinan Quinn SC as Ombudsman for the Defence Forces with effect from the 19th September 2005.

The Ombudsman (Defence Forces) Act 2004 (Commencement Order) 2005 brought the relevant parts of the Act into operation in two steps. Those parts of the Act relevant to the actual setting up of the Office of Ombudsman for the Defence Forces came into effect from the 31st August 2005. All other parts of the Act came into effect from 1st December 2005. Specifically, an action or decision that is the subject of a complaint to the Ombudsman must have occurred no earlier than the 1st December 2005.

Complaints in relation to any actions or decisions which occurred before 1st December 2005 will be dealt with under the present administrative arrangements, operating under Section 114 of the Defence Act 1954, and agreed with the representative associations in 1996, providing for the examination of complaints by the civilian Complaints Inquiry Officer (CIO). This separate 'CIO' stream will continue in parallel on a transitional basis until all remaining complaints about pre 1st December 2005 matters are cleared through that system.

In accordance with the terms of the Act, the Ombudsman for the Defence Forces is independent in the performance of her functions. Therefore, I do not consider it appropriate for me to seek details as to the number of cases already submitted to the Office of the Ombudsman, the status of those complaints, or the current treatment of those cases by the Ombudsman. To date, I have received no reports or recommendations from the Ombudsman on the outcome of the investigation of any individual cases. The Ombudsman for the Defence Forces will produce an annual report for the Houses of the Oireachtas, in accordance with the requirements of the legislation.

I can inform the Deputy that since 1st December, 28 complaints have been made within the military system under Section 114 of the Defence Act 1954, as now amended by the Ombudsman (Defence Forces) Act 2004, seeking redress of wrongs. Those redress complainants, whose complaints relate to matters occurring on or after 1st December 2005, are eligible to refer their complaint to the Ombudsman if a complainant so desires.