Dáil Éireann Debate, Friday - 7 September 2018
21. Deputy Clare Daly asked the Taoiseach and Minister for Defence if recommendations made by the Defence Forces Ombudsman following its adjudication on a complaint are binding; and if not, the reason therefor; and if he will make a statement on the matter. [36107/18]
View answerThe Office of the Ombudsman for the Defence Forces was established under the provisions of the Ombudsman (Defence Forces) Act 2004 and provides both serving and former members of the Defence Forces with an impartial and independent review of their grievances. Under the provisions of the Act, the Ombudsman may conduct an independent investigation into an action that is the subject of a complaint and then, following deliberation on the matter, send a statement in writing of the results to the Minister and all persons concerned with the complaint and also to any other person to whom he or she considers appropriate.
Under section 7(3) of the Act, where the Ombudsman finds that the action complained of adversely affected the Complainant, he or she may make recommendations to the Minister:
a) that further action is required
b) that measures or specified measures be taken to remedy, mitigate or alter the adverse effect of the action, or
c) that the reasons for taking the action be given
While there is no provision within the Act of 2004 whereby the recommendations are legally binding, the recommendations of the Ombudsman for the Defence Forces are given full consideration.
