Written answers

Tuesday, 12 July 2011

Department of Justice, Equality and Defence

Defence Forces Discipline

10:00 pm

Photo of Joe HigginsJoe Higgins (Dublin West, Socialist Party)
Link to this: Individually | In context

Question 346: To ask the Minister for Defence if his attention has been drawn to the fact that in the Defence Forces Ombudsman's 2010 report, she noted that 13 individuals from the Air Corps submitted complaints/redresses to her office in 2010 alone; and if he will explain the way that this can be reconciled with the advice given to him by the military authorities which he included in his reply to Parliamentary Questions Nos. 493, 494, 495, 496, 497 of 14 June 2011, wherein it is stated that in the period since 2006, only two individual members of the Air Corps made complaints and that no other complaints were made against superior officers in the Air Corps. [19776/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
Link to this: Individually | In context

The information provided in the reply to Parliamentary Question Nos. 493, 494, 49, 496 and 497 of 14 June 2011 was based on the number of complaints made by individual members of the Air Corps specifically against a superior officer. It did not include information on cases where complaints had been made by members of the Air Corps in relation to matters such as non-selection for promotion, non-selection for overseas service, non-selection for career courses, career related administrative process or general maladministration. It is my understanding that the 13 cases cited in the 2010 Annual Report of the Ombudsman Defence Forces may include cases in some or all these categories in addition to complaints specifically about a superior officer.

Photo of Joe HigginsJoe Higgins (Dublin West, Socialist Party)
Link to this: Individually | In context

Question 347: To ask the Minister for Defence if his attention has been drawn to a Defence Forces Ombudsman memo, dated 26 November 2008, that provides documented evidence that the military authorities and the relevant authorities within the Irish Air Corps, in particular the Defence Forces directorate of human resources, systematically and on 60 occasions between January and November of 2008 mishandled complaints of bullying and redresses by among other things, failing to comply with section 114 3A of the Defence Act 1954 and Admin Instruction A7 Chapter 2; and if he will explain the way that this can be reconciled with his reply to Parliamentary Questions Nos. 493 to 497, inclusive, of 14 June 2011, wherein the military authorities are said to have stated that all complaints made under section 114 Defence Act 1954 are dealt with in accordance with complaints procedures laid down under Chapter 2 Admin Instruction A7. [19777/11]

Photo of Joe HigginsJoe Higgins (Dublin West, Socialist Party)
Link to this: Individually | In context

Question 348: To ask the Minister for Defence the course of action undertaken by the Defence Forces Ombudsman as a consequence of the information contained in the Defence Forces Ombudsman memo dated 26 November 2008, to ensure that such breaches of the Defence Act would not continue; and if he at the time was made aware by the Defence Forces Ombudsman of the systematic non-conformance to proper procedures by the military authorities. [19778/11]

Photo of Joe HigginsJoe Higgins (Dublin West, Socialist Party)
Link to this: Individually | In context

Question 350: To ask the Minister for Defence, further to Parliamentary Question No. 496 of 16 June 2011, in which it is stated that no instances of reports of investigations into complaints being returned to the investigating officer for changes occurred since 2003, if he will confirm that, if the military authorities were to properly examine their records, they would find reports of such occurrences in 2007 - one completed by the then complaints investigation officer and one by an Air Corps senior officer. [19780/11]

Photo of Joe HigginsJoe Higgins (Dublin West, Socialist Party)
Link to this: Individually | In context

Question 351: To ask the Minister for Defence if he will provide all details of the action taken by him and the relevant military authorities on foot of the report submitted by the then complaints investigation office on 31 August 2007 in which Conclusion 2 indicated that members of the Air Corps were treated disgracefully by military authorities and also that the interference with the military investigating officer in relation to his report was quite inappropriate, was a serious breach of procedures required for the fair and impartial investigation of a redress of wrongs application and constituted a failure by the military authorities to uphold the statutory right to fair procedures which is implicit in section 114 of the Defence Act. [19781/11]

Photo of Joe HigginsJoe Higgins (Dublin West, Socialist Party)
Link to this: Individually | In context

Question 352: To ask the Minister for Defence if he will initiate at the earliest opportunity a credible independent inquiry into the systematic mishandling of complaints in the Irish Air Corps and Defence Forces and the attempts by military authorities to keep the knowledge of such activities from the public domain. [19782/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
Link to this: Individually | In context

I propose to take Questions Nos. 347, 348, 350, 351 and 352 together.

I am advised that the information requested by the Deputy cannot be compiled in the time available. However, I have asked Department officials to report on the matter with a view to a comprehensive reply being issued by the 22 July 2011.

Photo of Joe HigginsJoe Higgins (Dublin West, Socialist Party)
Link to this: Individually | In context

Question 349: To ask the Minister for Defence, further to Parliamentary Questions Nos. 493 to 497, inclusive, of 14 June 2011, if his attention has been drawn to the advice given to him by the military authorities which he included in his reply, whereby the military authorities stated that all complaints made under section 114 Defence Act 1954 are dealt with in accordance with complaints procedures laid down under Chapter 2 Admin Instruction A7 (details supplied). [19779/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
Link to this: Individually | In context

Complaints made under section 114 of the Defence Act 1954 are dealt in accordance with the complaints procedures laid down in Chapter 2 of Administrative Instruction A7. Chapter 2 sets out in detail the procedures that shall be used where an officer of the Permanent Defence Force, thinking himself or herself wronged in any matter by any superior or other officer, including his/her Commanding Officer, seeks redress under section 114(1) of the Defence Act 1954 or where an enlisted member of the Permanent Defence Force, thinking himself or herself wronged in any matter by any officer or by any enlisted person, seeks redress under Section 114(2) of the Defence Act 1954. Chapter 1 of Administrative Instruction A7 deals with Interpersonal Relationships in the Defence Forces and outlines the Defence Forces policy and procedures in dealing with sexual harassment, harassment and bullying. Chapter 1 also outlines complaints procedures that are available to an individual (both formal and informal methods by which to bring a complaint).

The military authorities advise that making a complaint under Chapter 1 of Administrative Instruction A7 does not mean that an individual is making a complaint under Section 114 of the Defence Act. However, at all stages an individual has the option of complaining under section 114 of the Act through the procedures outlined in Chapter 2 of Admin Instruction A7. The military authorities advise that all complaints submitted under Section 114 of the Defence Act are dealt with under Chapter 2 of Administrative Instruction A7.

Comments

No comments

Log in or join to post a public comment.