Written answers

Tuesday, 9 March 2010

Department of Defence

Army Nursing Service

8:00 pm

Photo of Michael CreedMichael Creed (Cork North West, Fine Gael)
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Question 347: To ask the Taoiseach and Minister for Defence the reason members of the Army nursing service do not have right of access to the Ombudsman for the Defence Forces; the way members of the Army nursing service who have a workplace grievance can have access to an independent appeal beyond the director of the Army medical corps; and if he will make a statement on the matter. [11700/10]

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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The redress of wrongs process for the Army Nursing Service is set out in Defence Force Regulations A. 14. Under the provision of those regulations if a member of the Army Nursing Service thinks herself wronged a complaint may be made to her Commanding Officer and, if she thinks herself wronged by the Commanding Officer, either in respect of her complaint not being redressed or in respect of any other matter, she may make a complaint to the Director of the Medical Corps. This is the full scope of the redress of wrong process which is open to members of the Army Nursing Services under the provisions of the Defence Acts.

In the case of a serving member of the Defence Forces an action may only be investigated by the Ombudsman for the Defence Forces where a complaint regarding that action was first made under section 114 of the Defence Act. Section 290 of the Defence Act, which deals with the application of the Act to members of the Army Nursing Service, specifies the relevant sections of the Act which are applicable to a member of the Army Nursing Service, one of which is not section 114.

Unlike both officers and enlisted personnel, members of the Army Nursing Service may if they so choose opt to join a trade union and indeed many have chosen to do so. In this context they are entitled to avail of the full range of industrial relations machinery which is available to employees generally but not to officers or enlisted personnel of the Defence Forces. The lack of access to this process for military personnel was one of the primary reasons why the Office of the Ombudsman for the Defence Forces was established. The availability of access to union membership and consequently to redress through normal industrial relations machinery to members of the Army Nursing Service is the reason why they were excluded from seeking redress through the Ombudsman for the Defence Forces.

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