Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
Link to this: Individually | In context

Question 238: To ask the Minister for Defence if he will list all the Ombudsman services here; their respective terms of reference; the contact details; and current post holders in each case. [22889/06]

Willie O'Dea (Limerick East, Fianna Fail)
Link to this: Individually | In context

The office of Ombudsman for the Defence Forces was established as an independent statutory office under the Ombudsman (Defence Forces) Act 2004. The appointment of a person to the office is made by the President, acting upon the recommendation of the Government.

The specific parts of the Act relevant to the establishment of the Office of Ombudsman for the Defence Forces were brought into operation with effect from 31 August 2005 by the Ombudsman (Defence Forces) Act 2004 (Commencement Order) 2005. All other provisions of the Act were brought into operation with effect from 1 December 2005 by the same Commencement Order.

On 19 September 2005, Ms Paulyn Marrinan-Quinn SC was appointed by the President, upon the recommendation of the Government, as the first Ombudsman for the Defence Forces, in accordance with Section 2 of the Act. The function of the Ombudsman for the Defence Forces is to act as the ultimate point of appeal for, and administrative investigation into, complaints made by members (and former members) of the Defence Forces against another member (or former member) of the Defence Forces, or against a civil servant of the Department of Defence.

Subject to the terms of the legislation, and her own independent personal judgement and discretion, the Ombudsman may undertake an independent investigation into a complaint made to her and will issue a written report and recommendations arising from such an investigation to the relevant parties, including the Minister. The Ombudsman for the Defence Forces may investigate a complaint in respect of an action or decision which may have adversely affected the complainant personally. The action or decision complained of must have occurred no earlier than the 1st December 2005, the date for the commencement of the functions of the office. The Ombudsman functions independently in the performance of her statutory duties and has a wide discretion in the discharge of those duties, subject to the terms of the Act. She will, however, have due regard to the operational requirements of the Defence Forces.

Where the complainant is serving in the Defence Forces, the complaint must have been within the internal military 'redress of wrongs' system for at least 28 days before the Ombudsman may initiate an investigation. The Ombudsman, on receipt of the complaint from the complainant, must form an opinion that the complaint is not likely to be resolved within that internal redress forum and that the other necessary criteria as set out in the Act are satisfied. Complainants who are former members of the Defence Forces apply directly to the Ombudsman in the first instance.

The Ombudsman will typically investigate and ascertain if the action/decision complained of was:

(i) taken without proper authority and/or on irrelevant grounds;

(ii) negligent or careless;

(iii) based on erroneous or incomplete information;

(iv) improperly discriminatory;

(v) unreasonable (notwithstanding consideration of the context of the military environment);

(vi) based on undesirable administrative practice; and-or

(vii) contrary to fair or sound administration.

There are specific exclusions within the legislation in respect of certain specific areas and matters which are outside the remit of the Ombudsman e.g. terms and conditions of employment in the Defence Forces within the scope of the existing statutory schemes of Conciliation and Arbitration. A complaint must be made to the Ombudsman not later than 12 months from the date of the action/decision complained or from the date on which the complainant became aware of the action/decision complained of, which ever is the later.

An important component of the work will consist of the making of formal written reports and recommendations to the Minister on foot of investigations undertaken in various individual cases and in following up the official administrative response to these reports and recommendations. Complaints in relation to any actions/decisions which occurred before 1st December 2005 are being dealt with under the previous 'redress of wrongs' arrangements under Section 114 of the Defence Act 1954, as agreed with the representative associations in 1996, providing for the examination of complaints by the civilian Complaints Inquiry Officer. This separate stream will continue in parallel on a transitional basis until all remaining complaints about pre 1st December 2005 matters are cleared from the system.

The Ombudsman for the Defence Forces is temporarily located at The Distillery Building, 145/151 Church Street, Dublin 7 (tel 817 5690).