Dáil Éireann debate -
Wednesday, 6 Dec 2000

Vol. 527 No. 4

Written Answers. - Defence Forces Ombudsman.

Derek McDowell

Question:

70 Mr. McDowell asked the Minister for Defence the discussions he has had to date with the representative organisations regarding the appointment of a military ombudsman; when he will introduce the required legislation; and if he will make a statement on the matter. [28692/00]

Seán Power

Question:

98 Mr. Power asked the Minister for Defence the progress that has been made with regard to the position of the Ombudsman for the Defence Forces; and if he will make a statement on the matter. [28856/00]

Minister for Defence (Mr. M. Smith)

I propose to take Questions Nos. 70 and 98 together.

The question of the appointment of an Ombudsman for the Defence Forces is now being dealt with under the conciliation and arbitration scheme for the Permanent Defence Force. The terms of the scheme, which have been agreed with the representative associations, provide that discussions at conciliation and arbitration are confidential to the parties involved. Accordingly, the Deputy will appreciate that it would not be appropriate for me to comment in detail on this issue.

On 11 October last, I announced at the Annual Conference of PDFORRA that I had decided the time was now ripe to proceed with the establishment of a legislative Ombudsman for the Defence Forces. In establishing this office, we must ensure that we provide a credible grievance system which is fair to all members of the Forces. However, at the same time, we must safeguard the operational flexibility of the Defence Forces. Discussions with the representative associations are necessary in order to define the powers and scope of a military Ombudsman in terms which will meet the needs of the various parties. Since I made the announcement, a formal meeting has taken place with one of the representative associations. The discussion process is also likely to result in an updating of the existing internal complaints procedures. As soon as those discussions are completed, I will make the necessary legislative arrangements to give effect to the Ombudsman proposal.

I would also like to point out to the Deputy that, pursuant to the provisions of the Ombudsman Act, 1980, military personnel already have the right to make complaints against my Department to the Ombudsman appointed under that Act.