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.