Written answers

Friday, 7 September 2018

Department of Defence

Defence Forces Ombudsman

Photo of Clare DalyClare Daly (Dublin Fingal, Independent)
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18. To ask the Taoiseach and Minister for Defence if the Defence Forces Ombudsman's 2016 recommendation that appropriate investigation arrangements need to be established and agreed with his Department, including procedures for compliance with the production of information provisions of section 8 of the Ombudsman (Defence Forces) Act 2004, have been implemented; and if so, when it was implemented. [36104/18]

Photo of Paul KehoePaul Kehoe (Wexford, Fine Gael)
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In his 2016 Annual Report, the then Ombudsman for the Defence Forces recommended a review of the Defence Act, 1954 and the Ombudsman (Defence Forces) Act 2004, in light of the experience gained by his Office since its establishment in 2005. Among the issues raised in this regard, was a suggestion regarding the establishment of appropriate investigation arrangements with my Department to comply with the production of information provisions in section 8 of the 2004 Act. 

The underlying working assumption in all dealings by staff of my Department with the office of the Ombudsman for the Defence Forces remains one of co-operation and a willingness to assist him or her in his or her tasks. The Ombudsman (Defence Forces) Act 2004 assigns to a person to whom a requirement to produce information is addressed, the status of a witness before the High Court with attendant immunities and privileges. As these requirements are reflective of those in the Ombudsman Act, 1980, the arrangements in place are considered consistent with the norms in this area.

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