Seán Sherlock (Cork East, Labour)
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Question 44: To ask the Minister for Defence if his attention has been drawn to the concerns expressed by the Permanent Defence Forces Other Ranks Representative Association that the Ombudsman for the Defence Forces was being undermined because the authorities were ignoring many of the Ombudsman's findings; his response to the concerns raised; and if he will make a statement on the matter. [38109/10]

Tony Killeen (Clare, 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 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. Her term of office was extended for a further three years from 19 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 1 December 2005.

To date, the Ombudsman for the Defence Forces has submitted one hundred and twenty one (121) Final Reports and of these a ministerial determination has been made in 108 cases. Of the cases on which a ministerial determination has been made, the recommendations of the Ombudsman were fully accepted in 83 cases and partially accepted in a further 11 cases. There were 14 cases where the recommendations of the Ombudsman were not accepted. A further 13 final reports are under consideration and my determination in these cases will issue at the earliest opportunity, once I have considered all of the factors relevant to each case.

The Ombudsman's recommendations in these reports cover issues specific to the case in question including proposals for redress where the Ombudsman has found that a person has been wronged. The reports may also include systemic matters that the Ombudsman has identified in her investigation of the case. In arriving at my determination on each case I take careful account of all of the Ombudsman's findings and recommendations. I also take into account the specific and unique requirements of the Defence Forces. I refer recommendations of a systemic nature to the appropriate Branches of the Department and to the Defence Forces for consideration in their ongoing development of best practice human resource management.

The input of the Ombudsman has assisted the Defence Forces in the revision of a number of HR procedures including the selection processes for career courses and overseas service. The recommendations in the Ombudsman's reports to me have also informed the revision of selection processes for promotion, a new version of which is currently being progressed with the representative associations through the conciliation and arbitration scheme.

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 her 2009 Report the Ombudsman referred to a number of recommendations about systemic matters made by her in Final Reports which were accepted by the Minister for Defence and the military authorities. She stated that the changes flowing from these recommendations will not only address the grievance in the individual case but will also ensure that other members of the Defence Forces will not encounter bad practices, or good practices poorly applied in the future.