Written answers

Wednesday, 15 June 2011

Department of Justice, Equality and Defence

Air Corps Investigations

10:00 pm

Photo of Joe HigginsJoe Higgins (Dublin West, Socialist Party)
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Question 493: To ask the Minister for Defence the number of complaints against commanding officers in the Irish Air Corps submitted since 2006 under section 114 of the Defence Act 1954 and covered by Defence Force Regulation A7. [15546/11]

Photo of Joe HigginsJoe Higgins (Dublin West, Socialist Party)
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Question 494: To ask the Minister for Defence the action taken by him and the general staff in the Irish Air Corps to implement the recommendations of a 2006 report of an investigator appointed to investigate complaints against senior officers in the Air Corps made under section 114 of the Defence Act 1954. [15547/11]

Photo of Joe HigginsJoe Higgins (Dublin West, Socialist Party)
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Question 495: To ask the Minister for Defence if his attention has been drawn to the fact there have been a number of instances in which serious complaints against commanding officers in the Irish Air Corps were sent for investigation to the commanding officers who were the subject of the complaints and that these investigations consisted of those commanding officers conducting one to one interviews with the members who made the complaints thus negating the independence and fairness of an investigation carried out under section 114 of the Defence Act 1954. [15548/11]

Photo of Joe HigginsJoe Higgins (Dublin West, Socialist Party)
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Question 496: To ask the Minister for Defence if his attention has been drawn to the fact there have been unacceptable instances of reports on investigations into complaints submitted under section 114 of the Defence Act 1954 being returned to the investigating officer who submitted the report with a direction to substantially change the findings of the reports which is a serious interference with the independence and fairness of such investigations. [15549/11]

Photo of Joe HigginsJoe Higgins (Dublin West, Socialist Party)
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Question 497: To ask the Minister for Defence if there are any commanding officers in the Air Corps selected for promotion while a series of complaints against them under section 114 of the Defence Act 1954 remain outstanding; and if such promotions will be not confirmed until such complaints are dealt with. [15550/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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I propose to take Questions Nos. 493 to 497, inclusive, together.

Section 114 of the Defence Act provides that any member of the Defence Forces, who considers themselves to have been wronged in any matter, may make a complaint and have it investigated and redressed. Where the wrong is proven, redress is offered to the complainant. In the event that the complainant is unhappy with the result of an investigation or with the proposed redress, the matter is referred to the General Officer Commanding and, if that does not resolve the issue, to the Chief of Staff. If the complainant is still unhappy then they can have their complaint forwarded to the Ombudsman for the Defence Forces.

I am advised by the military authorities that in the period since 2006, 187 complaints were made by two individual members of the Air Corps against superior officers. No other complaints were made against superior officers in the Air Corps. The military authorities have further advised that all complaints made under section 114 of the Defence Act 1954 are dealt with in accordance with the complaints procedures laid down under Chapter 2 of Administrative Instructions A7.

In relation to the suggestion that reports of investigations into complaints being returned to the investigating officer, the military authorities advise that in and around 2003 the then Complaints Investigation Officer reported on such an incident but that no further such incidents have been reported in the intervening period.

I understand that complaints have been submitted against one Unit Commander who has been selected for promotion. Such promotions are dealt with in accordance with standard agreed procedures and it would not be appropriate for me to intervene in such matters.

Finally, the Deputy refers to a report from 2006; if the Deputy provides me with the specific details of the case in question I will be happy to provide him with details of the action taken on foot of the report.

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