I thank you, a Chathaoirligh, for giving me the opportunity to make the case for the need for a military ombudsman and I thank the Minister for being here.
Soldiers are, or should be, citizens in uniform yet they are specifically excluded from much legislation and thus, in many instances, from the rights of their fellow citizens. It is felt by many serving in the Army that the military grievance procedure under existing Defence Force regulations is inadequate to their needs. It is surely ironic that those whose duty it is to protect the rights of the rest may in many circumstances find themselves excluded from those rights. In particular, their treatment all too often depends on their status within the Defence Forces, on whether they are enlisted personnel or officers.
I am, of course, aware of the concerns among the military that civilians are unacquainted with military procedure and may not be familiar with military administration, order and discipline. At various times when the issue of a military ombudsman has been raised these concerns have been advanced. I wish to assure the House that I appreciate the security implications of this question. Despite these considerations neither our security nor military discipline would be compromised by the appointment of a military ombudsman or by extending the remit of the civilian Ombudsman to deal with military affairs.
The crux of the matter is that soldiers, ex-soldiers and their next of kin should have unbureaucratic recourse to an authority who would be empowered to deal with cases submitted by individuals or their next of kin, and who would act as an adviser to all who are undertaking military service on questions relating to that service, or to deal with cases submitted by ex-members of the Defence Forces arising from their service or submitted by their next of kin. At present, the sheer bureaucracy of the military complaints procedure is itself a deterrent to would be complainants. There are ample international precedents for such an appointment: the Soldiers Complaints Commissioner in Israel, the Norwegian Ombudsman for the Armed Forces, the Parliamentary Defence Commissioner in Germany and others as well.
There are a number of options open to the Government in seeking to address this matter. It can provide for a ministry ombudsman, it can simply widen the civilian Ombudsman remit or can create a separate military section under the Civil Ombudsman's Act. I hope the Minister for Defence will give favourable consideration to this matter.
