Michael McGrath (Cork South Central, Fianna Fail)
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Question 77: To ask the Minister for Defence the number of cases submitted to the Office of the Ombudsman for the Defence Forces in each year since that office was established; the number of persons making claims to that office in each of those years; the number of findings issued in each year; and if he will make a statement on the matter. [17654/09]

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. On the 19th 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. Her term of office was extended for a further three years from 19th September 2008.

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. 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.

In her Annual Reports for 2006 and 2007 the Ombudsman for the Defence Forces reported that her office received twenty-six (26) referrals in 2006 and seventy-six (76) in 2007. She also reported receiving seventy-six (76) Notifications of Complaints under section 114 of the Defence Act in 2006 and one hundred and sixty-eight (168) in 2007. Sixteen (16) Final Reports were issued in 2006 and twenty-nine (29) in 2007. In accordance with the terms of the Ombudsman (Defence Forces) Act 2004, the Ombudsman for the Defence Forces is independent in the performance of her duties. She is required to cause a report on the performance of her functions under the act to be laid annually before each House of the Oireachtas. In these circumstances and as her Annual Report is awaited for 2008, I do not consider it appropriate for me to report on the number of cases submitted to her Office in 2008.