Written Answers. - Redress of Wrongs Procedure.
Michael Bell
Ceist:
177
Mr. Bell
asked the
Minister for Defence,
in respect of the redress of wrongs procedure in use in the Defence Forces at present relating to an Fórsa Cosanta Áitiúil and an Slua Muirí, the manner of its operation; the number of such procedures invoked in each year, differentiated as to officers and other ranks, from 1 January 1991 to 30 September 1994; the results of such procedures, that is whether granted or disallowed in so far as individual procedures have been concluded, in each of the years 1991 to 30 September 1994, differentiated by officers and other ranks; the number of such procedures that have been submitted for the Minister's decision in each of the years 1991 to 1994 and the results of these differentiated by officers and other ranks; the number of such procedures on hands not disposed of as at 30 September and the number of these on hand for over 3 months; whether the Reserve Defence Forces Representative Association has been invited to become involved in the review of this process; and if he will make a statement on the matter in view of the Gleeson report comments on this issue.
[1536/94]
Section 114 of the Defence Act, 1954, provides as follows:
(1) If an officer thinks himself wronged in any matter by any superior or other officer, including his commanding officer, he may complain thereof to his commanding officer and if, but only if, his commanding officer does not deal with the complaint to such officer's satisfaction, he may complain in the prescribed manner to the Minister who shall inquire into the complaint and give his directions thereon.
(2) If any man thinks himself wronged in any matter by any officer, other than his company commander, or by any man he may complain thereof to his company commander, and if he thinks himself wronged by his company commander either in respect of his complaint not being redressed or in respect of any other matter, he may complain thereof to his commanding officer, and if he thinks himself wronged by his commanding officer, either in respect of his complaint not being redressed or in respect of any other matter, he may complain thereof in the prescribed manner to the Adjutant General, who, if so required by the man, shall report on the matter of the complaint to the Minister who shall inquire into the complaint and give his directions thereon.
(3) Every officer to whom a complaint is made in pursuance of this section shall cause such complaint to be inquired into, and shall, if on inquiry he is satisfied of the justice of the complaint so made, take such steps as may be necessary for giving full redress to the complainant in respect of the matter complained of, and shall in every case inform the complainant in the prescribed manner as to what action has been taken in respect of the matter complained of.
Paragraph 70 of the Defence Force Regulations R.5 — An Fórsa Cosanta Áitiúil — and Paragraph 80 of the Defence Force Regulations R.6 — An Slua Muirí — provide that the procedures governing the submission and transmission of complaints outlined in Defence Force Regulations A.7 — Discipline, Part II, Sections 9 to 11B, Redress of Wrongs, shall apply to members of the FCA and Slua Muirí. In summary these procedures are:
(a) In the case of an officer he may complain orally or in writing to his commanding officer and if not satisfied may forward the complaint in writing to the Minister.
Other ranks may complain orally or in writing to their company commanders and if not satisfied to their commanding officers. If not yet satisfied they may complain in writing to the Adjutant-General and finally to the Minister.
(b) Each authority is obliged to have the complaint investigated and, if satisfied as to the justice of the complaint, to take, without delay, such steps as lie within his power and as may be necessary for giving full redress to the complainant in the matter complained of. Alternatively, where such authority is forwarding a complaint to the next highest authority he is obliged to attach a statement of his views on the matter and of the steps, if any, taken by him towards having redress given to the complainant.
(c) In every case where a complaint has been made to the Minister, the complainant shall be informed of the Minister's decision. If he so requests the decision should be conveyed in writing by the commanding officer. The decision of the Minister on any complaint is final.
In accordance with the recommendations of the Commission on Remuneration and Conditions of Service in the Defence Forces the current procedures for dealing with grievances are under review. With regard to the Permanent Defence Force this matter is being considered under the scheme of conciliation and arbitration. A sub-committee of the Conciliation Council has been established to consider the grievance procedure and to produce a report which will identify current problems, consider the question of time limits and submit recommendations. The work of the sub-committee is at an advanced stage.
Under the terms of the conciliation and arbitration scheme agreed with the PDF Representative Associations in relation to confidentiality it is not appropriate to give details of discussions which are taking place under the scheme. However, I understand that a comprehensive exchange of views has already taken place and these are now being considered by both sides of the sub-committee. When discussions have been finalised a council report recording agreement will be drawn up by the conciliation council.
With regard to the second line reserve, the Reserve Defence Force Representative Association will be consulted on the revision of the redress of wrongs-grievance procedures once negotiations on the matter involving the associations which represent members of the Permanent Defence Force are complete.
The statistical information sought in the second, third, fourth and fifth parts of the question will take some time to compile. A detailed statement setting out the information sought will be forwarded to the Deputy as soon as it becomes available.
