Written Answers Nos. 47 - 64
47. Deputy Seán Crowe asked the Taoiseach and Minister for Defence the matters discussed during the December 2016 meeting of the European Council in Bratislava; and if he stated that Ireland would oppose any drive to allow EU grant aid to fund military armaments research and production, as suggested by the European Commission, or to significantly increase spending on armaments and military technology by member states. [7303/17]
Amharc ar fhreagra53. Deputy Mick Wallace asked the Taoiseach and Minister for Defence his views on the proposed European defence action plan put forward by the European Commission in November 2016, and in particular the provisions to focus on capability needs and support the European defence industry; his further views on the proposal to allow the use of European Investment Bank finances for investment in the defence industry; his plans to raise any concerns regarding the action plan at an upcoming meeting of the EU Council on defence; and if he will make a statement on the matter. [7137/17]
Amharc ar fhreagraI propose to take Questions Nos. 47 and 53 together.
The College of Commissioners adopted the European Defence Action Plan on 30 November last. This Commission proposal has yet to go through the wide ranging and extensive EU procedures before any part of it becomes a reality.
The aim of the Plan is to explore how EU policies and instruments can ensure that the EU’s industrial and skills base will be able to deliver required defence capabilities in view of current and future security challenges. As part of this Plan, the Commission has proposed the creation of a European Defence Fund. In addition, the Plan aims to offer supports to SMEs, start-ups and other suppliers to the defence industry. There are also proposals in the Plan to increase transparency in relation to Defence procurement under the existing EU Procurement Directives.
The purpose of the Defence Fund is to promote research and innovation and contribute to the strengthening of the European defence technology and industrial base, and to further stimulate the development of key defence capabilities.
The Taoiseach attended the European Council meeting in Bratislava on 15 December last, where a number of issues including economic and social development, migration, security, Russia and Ukraine, and the situation in Syria were on the agenda. Specifically, in relation to the European Defence Action Plan, the European Council welcomed the Commission’s proposals as its contribution to developing European security and defence policy. The Council stressed the importance of fully involving Member States in the proposals that will be brought forward. In addition, the Commission was invited to make proposals in the first semester of 2017 for the establishment of a European Defence Fund.
The Action Plan proposes that the European Investment Bank may have a role to play in relation to financing certain parts of the European defence supply. The Action Plan notes that the EIB group may already finance investments in research and development by European companies where civilian and dual use technologies are concerned with a view to subsequent commercialisation in civilian applications. The Commission’s Communication also noted that any expansion in the EIB’s current activities in the area could take place within the limitations of the Treaties and subject to the agreement of the EIB’s Governing Bodies.
The most recent European Council in December, invited the European Investment Bank to examine steps with a view to supporting investments in defence research and development activities. I expect that the EIB will now take forward this examination.
For certain member States in the EU, defence is a significant contributor to their economies, representing an EU industry of €100 billion with 1.5 million direct and indirect employees. Ireland does not have an issue with funding of defence research. As I have stated previously to the House, for Ireland to have well-equipped and capability driven defence forces we must support the funding of defence research. And as we are all aware, Ireland may not have a defence industry but this does not stop Ireland tapping into this funding through our well established dual-use companies and technologies.
I am satisfied that the proposals in the Action Plan fully acknowledge and reaffirm that Defence remains a Member State prerogative. Decisions about expenditure, military capabilities, Research and Technology are matters for Member States.
48. Deputy Clare Daly asked the Taoiseach and Minister for Defence further to Parliamentary Question No. 1733 of 17 January 2017, his views on the low morale in the Defence Forces in view of the high rates of voluntary discharge; and if he will make a statement on the matter. [7337/17]
Amharc ar fhreagra65. Deputy Lisa Chambers asked the Taoiseach and Minister for Defence the status of the climate survey follow-on focus groups; and the process of consultation on the findings with the representative associations. [7346/17]
Amharc ar fhreagraI propose to take Questions Nos. 48 and 65 together.
As the Deputy is aware, the purpose of the recently published Defence Forces Climate Survey is to inform consideration of the ongoing human resource and strategic needs of the Defence Forces. I have reviewed the Report in detail and have also received a briefing from the University of Limerick (UL) researchers who undertook the project.
The Survey findings clearly point to challenges for the Defence Forces, particularly in the areas of leadership, communication, organisational culture, the working environment and active management of personal expectations. However, many positives emanated from the Survey, especially in relation to the commitment of personnel to the values and mission of the Organisation, high levels of work satisfaction, pride in the Organisation and positive views on culture and work support. Indeed, the UL researchers point out that the findings of the Report and the recommendations are interconnected and caution should apply to reading any one particular finding in isolation.
The responses to the issues raised in the Report of the Climate Survey will involve the engagement of all levels of management within the Organisation. Both RACO and PDFORRA were briefed by the UL researchers on their findings and conclusions. Following that briefing, I met with the Representative Associations to hear their views and listen to their concerns in relation to the Report. It was agreed at the meeting that the Representative Associations would be fully engaged in the response to the Report and proposed Action Plan through the IMG framework, where they could put forward their views on appropriate responses.
Follow up work to the initial findings in the Survey was conducted by the UL researchers via focus groups with a view to establishing qualitative elements behind the quantitative findings of the Climate Survey.
73 Focus Groups were conducted throughout the Defence Forces. The Focus Groups were grouped by rank (Private, Junior NCO, Senior NCO, Junior Officer, Senior Officer), based on the findings of the Climate Survey research and were held at every permanently occupied Post /Barracks in the Defence Forces and on the Golan Heights where a contingent of the Permanent Defence Force are deployed to the United Nations Disengagement Observer Force (UNDOF).
I have been advised that a very significant volume of raw data has been gathered for analysis. UL have informed the Defence Forces that the Focus Group analysis will be provided in Q2/Q3 2017.
49. Deputy James Browne asked the Taoiseach and Minister for Defence his plans to fill important vacancies across the Air Corps; and if he will make a statement on the matter. [7106/17]
Amharc ar fhreagraThe Government is committed to maintaining the stabilised strength of the Permanent Defence Force at 9,500 personnel, comprising of 7,520 Army, 886 Air Corps and 1,094 Naval Service as stated in the 2015 White Paper on Defence.
The manpower requirement of the Defence Forces is monitored on an ongoing basis in accordance with the operational requirements of each of the three services. As there is significant turnover of personnel in the Permanent Defence Force targeted recruitment takes place so as to maintain personnel numbers at or near the agreed strength levels.
I am informed that Air Corps personnel are an attractive employment source for other airlines and air service providers given their experience and training.
Every effort is being made to address the personnel requirements of the Defence Forces. In the case of the Air Corps, there are 28 cadets, in 3 classes, undergoing the various stages of the Air Corps cadetship to become pilots. There are currently 8 Air Corps cadets in the final stages of their training with commissioning of these cadets likely to take place in Quarter 4 of this year. In addition, a Cadet recruitment campaign is due to commence before the end of Quarter 1, 2017 with a view to the commencement of training in September 2017. Four personnel will complete their Air Traffic Control training between May and September this year. The Air Corps is currently inducting a further Air Traffic Control Course, and it is anticipated that up to eight (8) will be selected for training, qualifying in May 2018 and May 2019. A new NCO promotion competition, to fill the ranks of Sergeants and above, including those in the Air Corps, has been launched. It is anticipated that promotions from this competition will commence in Quarter 3 2017. The 2017 Air Corps Apprenticeship competition is due to commence shortly and it is planned that following this process, 25 new Air Corps apprentices will be inducted in late September 2017 to commence their training.
50. Deputy Mick Wallace asked the Taoiseach and Minister for Defence the number of times aid to the civil power functions were carried out by Defence Forces personnel in Shannon Airport with regard to US military aircraft in 2016; his views on whether the ongoing use of Shannon Airport by the US military could make Ireland, in practice, part of a military alliance; and if he will make a statement on the matter. [7138/17]
Amharc ar fhreagra61. Deputy Clare Daly asked the Taoiseach and Minister for Defence the proportion of the total spend on aid to civil power duties by his Department that was spent on performing aid to civil power duties for United States of America military aircraft landing at Shannon Airport in 2016. [7340/17]
Amharc ar fhreagra68. Deputy Catherine Connolly asked the Taoiseach and Minister for Defence the criteria or protocols in place that enable or allow the Army to operate in Shannon Airport including the person or body that makes the decision to deploy the Army to Shannon, the purposes for same and the circumstances under which; the total cost to the State of the Army operations at Shannon Airport from January 2016 to date in 2017 by month including the nature of the operations; the number of Army personnel deployed and the cost of same; and if he will make a statement on the matter. [7105/17]
Amharc ar fhreagraI propose to take Questions Nos. 50, 61 and 68 together.
The Department of Justice and Equality and An Garda Síochána have primary responsibility for the internal security of the State. Among the roles assigned to the Defence Forces in the White Paper on Defence is the provision of Aid to the Civil Power (ATCP) which, in practice, means to assist An Garda Síochána when requested to do so. On each occasion that the support of the Defence Forces is required, An Garda Síochána issues a form C70 to the Defence Forces to request their assistance.
Since 5 February 2003, the Gardaí have requested support from the Defence Forces at Shannon Airport on occasion. The cost of the presence of Defence Forces at Shannon Airport, performing aid to civil power duties with regard to United States of America military aircraft landing at Shannon airport in 2016 and to date in 2017 is €201,491.79 for 432 deployments. The following table details a breakdown of this figure.
|
Month (2016) |
No. of Deployments |
Costs € |
|
January |
36 |
15,457.23 |
|
February |
27 |
13,896.72 |
|
March |
39 |
15,492.39 |
|
April |
47 |
15,101.14 |
|
May |
33 |
15,422.07 |
|
June |
39 |
15,007.38 |
|
July |
22 |
15,293.15 |
|
August |
26 |
15,340.03 |
|
September |
35 |
14,960.50 |
|
October |
46 |
15,574.13 |
|
November |
22 |
14,808.14 |
|
December |
24 |
15,316.59 |
|
January (2017) |
26 |
15,340.03 |
|
February (2017 to date) |
10 |
4,482.29 |
|
Total |
432 |
201,491.79 |
The costs relate to security duty allowance paid to members of the Defence Forces, rations and fuel. The cost of ATCP operations are met entirely from the Defence Vote. There is no separate budget line as decisions are taken in respect of these operations on a case by case basis. Therefore, the information on the proportion of the total spend on ATCP operations that are spent on these ATCP deployments in Shannon is not readily available.
For security reasons it would not be appropriate to disclose the details regarding the number of personnel assigned to each deployment.
The issue of overflights by foreign military aircraft and the use of Shannon Airport by foreign military aircraft is the responsibility of the Minister for Foreign Affairs and Trade. Successive Governments have made overflight and landing facilities available at Shannon Airport to the United States for well over 50 years. These arrangements do not amount to any form of military alliance with the US and are governed by strict conditions, applied to ensure compatibility with our traditional policy of military neutrality.
I am satisfied that there is ongoing and close liaison between both An Garda Síochána and the Defence Forces, and between my Department and the Department of Justice and Equality regarding security matters generally, including the Defence Forces ATCP roles.
51. Deputy Martin Heydon asked the Taoiseach and Minister for Defence if consideration will be given by his Department to the provision of a site for a new school campus for the existing three Curragh schools that currently operate in substandard accommodation; if his officials will engage with the Department of Education and Skills on this; and if he will make a statement on the matter. [7336/17]
Amharc ar fhreagraThere are currently three schools operating within the Curragh Camp.
The Post Primary School, the Curragh Boys National School and the Curragh Girls School.
While the provision of schools is a matter for the Department of Education and Skills in the first instance I will of course consider any proposals regarding the development of schools on Department lands which are no longer required for military use. As well as enabling the provision of new schools such a proposal would result in the existing schools being removed from the Camp which would assist with the ongoing refurbishment and modernisation of the Camp facilities.
52. Deputy Mick Barry asked the Taoiseach and Minister for Defence the length of time it has taken his Department to respond to all protected disclosures made by members of the Defence Forces. [7335/17]
Amharc ar fhreagra54. Deputy Mick Barry asked the Taoiseach and Minister for Defence the length of time it took his Department to respond to the protected disclosures of members of the Air Corps regarding hazardous working conditions in the paint shop at Casement Aerodrome; and if he will make a statement on the matter. [7334/17]
Amharc ar fhreagraI propose to take Questions Nos. 52 and 54 together.
Under the provisions of my Department’s customer charter it is policy to acknowledge written and electronic customer correspondence within 3 working days of receipt, unless a definitive reply can be issued within 5 days. With regard to the protected disclosures submitted in respect of health and safety issues in the Air Corps these were each delivered to my Department by hand in late 2015 and January 2016 and as such their receipt would have been acknowledged in person at the time they were submitted. In addition, supplementary correspondence has been acknowledged as it was received. The disclosures received were from current and former members of the Defence Forces.
Legal advice was sought at an early opportunity on how best to progress certain elements of the disclosures related to matters which were, and still are, the subject of litigation.
It was decided that an external reviewer should be appointed. I believe that in this instance it is important that I get a clear and independent view of the issues raised by those who have made disclosures.
With some difficulty, an appropriate individual was identified and I appointed him in July 2016 to carry out a review of the disclosures. However, in the event, he was ultimately not in a position to carry out the review.
In September 2016, I appointed an alternative independent third party to review the allegations made in the outstanding disclosures and those making the disclosures were informed of this fact.
In late November 2016, the interim recommendations and observations from the independent third party were submitted to me, and in December, I asked that these be passed to the military authorities for immediate action and response.
On 7 January, 2017, the Department received a response from the military authorities outlining the actions underway and this has been forwarded to the independent reviewer for consideration. I understand that the reviewer has reviewed this material, and has initiated a number of meetings in order to finalise his review.
In addition to the three protected disclosures mentioned above, my Department has received a further 3 disclosures which having been assessed, were deemed protected disclosures under the provisions of the Protected Disclosures Act 2014. Of these, two have been resolved and the third is ongoing. In addition, I am in receipt of a disclosure received on 27 January 2017 which is currently being assessed.
55. Deputy Clare Daly asked the Taoiseach and Minister for Defence his views on the presence of Defence Forces personnel on the Golan Heights in essence protecting illegal Israeli occupation; and if he will make a statement on the matter. [7339/17]
Amharc ar fhreagraThe United Nations Disengagement Observer Force (UNDOF) was established on 31 May 1974 by the United Nations Security Council Resolution 350 (1974), following the agreed disengagement of the Israeli and Syrian forces in the Golan Heights in May 1974.
UNDOF was established to: maintain the ceasefire between Israel and Syria; supervise the disengagement of Israeli and Syrian forces; and supervise the areas of separation and limitation, as provided in the May 1974 Agreement on Disengagement.
Since 1974, the mandate of UNDOF has been renewed every six months, most recently renewed in December 2016 until 30 June 2017 under UNSCR 2330 (2016).
A contingent of the Permanent Defence Force has been deployed to the United Nations Disengagement Observer Force (UNDOF) on the Golan Heights since 2013 and operates in the role of a Quick Reaction Force.
Since its temporary relocation from a number of positions in September 2014 and pending the time when UNDOF returns fully to the area of separation, UNDOF has, in line with its mandate from UNSCR 350 continued to maintain credible presence in the Golan and use its best efforts to implement its mandate. On 14 November 2016, UNDOF completed the initial phase of the incremental return of the mission to Camp Faouar on the Syrian side of the Area of Separation where Fijian and Nepalese troops are now based.
In this context, UNDOF continues to engage with the parties on practical arrangements to allow the Force to continue to maintain the ceasefire, monitor, verify and report on violations of the Disengagement of Forces Agreement and exercise its critical liaison functions with the parties in order to implement its mandate.
In a recent report on UNDOF, the UN Secretary-General has stated that the continued presence of UNDOF in the area remains essential and that both Israel and the Syrian Arab Republic have stated their continued commitment to the Disengagement of Forces Agreement and the presence of UNDOF.
Participation by the Defence Forces in UNDOF is reviewed by the Government on an annual basis. On 21 June 2016, the Government approved continued participation in the UNDOF mission for a period of twelve months up to June 2017. The Defence Forces are making a valuable contribution to this important mission. The presence of the UNDOF mission remains an important element in ensuring the continuing ceasefire between Israel and Syria and in the wider Middle East region.
56. Deputy Clare Daly asked the Taoiseach and Minister for Defence if the subject of informed consent has been considered by the working group on Lariam, specifically whether Defence Forces members were in a position to give their informed consent to the taking of the drug; and if he will make a statement on the matter. [7341/17]
Amharc ar fhreagraAs the Deputy is aware the Malaria Chemoprophylaxis Working Group was established in January 2011 and reported in April 2013. The Group was re-convened in August 2015.
The purpose of the Group is to review, inter alia, issues arising in relation to the use of Lariam, particularly in the context of the current and potential litigation. It is to review the Defence Forces approach in relation to the use of malaria chemoprophylaxis. It is also to ensure that the procedures in relation to this continue to be appropriate and in accordance with best medical practice.
As with the Group’s original report, the current report is being produced in the context of current and potential litigation and is, therefore, legally privileged. The Group is considering a range of issues relating to malaria chemoprophylaxis and Lariam and has obtained advice from leading medical experts.
57. Deputy James Browne asked the Taoiseach and Minister for Defence his plans to commission an independent review of mental health services for the Defence Forces; and if he will make a statement on the matter. [7103/17]
Amharc ar fhreagraMental health services are part of the range of medical services provided so as to ensure that Defence Forces personnel are medically fit to undertake the duties assigned to them and to treat any medical conditions arising which would inhibit their capacity to undertake such duties. The mental health support services, available to members of the Permanent Defence Force, range from psychiatric and psychological services to the Personnel Support Service and cover the diagnosis and treatment of psychiatric or psychological disorders through to counselling and critical incident stress management.
The Personnel Support Service is a confidential information, education, support and referral service designed to give Defence Forces personnel access to information and services both from within the military system and outside it. The service is also available to the families of serving personnel.
A Confidential Helpline & Counselling Service for serving personnel who are in crisis has also been contracted. This service can refer individuals in crisis for counselling in their local area. The service complements existing Defence Forces personnel support services.
Having regard to difficulties in recruiting medical personnel, and specifically doctors to the Defence Forces, it has been necessary to identify alternative options for the provision of medical services. In this connection a joint civil/military Standing Committee has been set up with a view to advancing the development of a sustainable integrated medical service and to address the appropriate means of delivery of key medical capabilities for the Defence Forces. An integrated model for the provision of the required medical services, involving both the Medical Corps and outsourced service provision, where appropriate, is currently being progressed.
A review of each medical service, including mental health services, is being carried out by the committee in order to evaluate and make recommendations regarding the most appropriate means of delivering key medical capabilities to the Defence Forces.
58. Deputy Bernard J. Durkan asked the Taoiseach and Minister for Defence the extent to which optimum strength of the Army, Naval Service and Air Corps continues to be achieved; the number of personnel who retired in the past 12 months; the extent of any recruitment likely or required in the short and medium term as a result; and if he will make a statement on the matter. [7347/17]
Amharc ar fhreagraAs of the 31 December, 2016 the strength of the PDF (whole-time equivalent) was 9,126 personnel, comprising: Army: 7,332 personnel; Naval Service: 1,090 personnel; and Air Corps: 704 personnel.
There were 654 retirements from the Defence Forces in 2016 and 690 new entrants were inducted (590 General Service and 100 Cadets).
The Government is committed to maintaining the stabilised strength of the Permanent Defence Force at 9,500 personnel, comprising of 7,520 Army, 886 Air Corps and 1,094 Naval Service as stated in the 2015 White Paper on Defence.
The manpower requirement of the Defence Forces is monitored on an ongoing basis in accordance with the operational requirements of each of the three services. Personnel are posted on the basis of operational needs across the organisation both at home and abroad. As there is significant turnover of personnel in the Permanent Defence Force targeted recruitment takes place so as to maintain personnel numbers at or near the agreed strength levels.
All efforts are currently being directed at recruitment in order to return the Defence Forces to their approved establishment. Regular competitions are held for recruitment of enlisted personnel, cadets and other staff.
In that regard, General Service Competitions and Cadetship Competitions will be launched in Q1 of this year. I am advised by the military authorities that their planned target is to induct approximately 900 new entrants to the Defence Forces across all services and competition streams in 2017.
59. Deputy Thomas P. Broughan asked the Taoiseach and Minister for Defence the number of vacancies in the Air Corps, by role, in 2016 and to date in 2017; the length of time required to fill each role; and if he will make a statement on the matter. [7102/17]
Amharc ar fhreagraThe serving strength of the Air Corps as at 31 December, 2016 was 704 personnel (whole time equivalent). The overall establishment figure for the Air Corps (as set out in Defence Forces Regulations CS4) is 887.
Due to the complexity of the task and the resources required, it is not possible to provide a complete breakdown of vacancies for all roles in the Air Corps for a specific given period of time. The following table is a breakdown of some of the more technical, aviation related current job vacancies. However, it is important to note that these vacancies do not include those on long term detachment to other parts of the organisation and that this is not an exhaustive list of all vacant positions in the Air Corps. The vacancies not accounted for in the table are across all ranks. These vacancies are in appointments pertaining to a variety of different support roles such as administration and ground support services.
|
ROLE |
ESTABLISHMENT |
CURRENT VACANCIES |
|
Pilots (Officers) |
107 |
26 |
|
Aero Engineers (Officers) |
18 |
1 |
|
Air Traffic Controllers (Officers) (Non-Commissioned Officers) |
8 11 |
4 4 |
|
Aircraft Technicians (Non-Commissioned Officers) Airmen / Airwomen |
187 134 |
28 69 |
|
TOTALS |
321 |
132 |
In terms of the filling of Air Corps Non-Commissioned Officer vacancies, the 2017 NCO Promotion Competition commenced with effect from 8th February 2017. It is envisaged that as a result of this promotion competition, suitably qualified personnel will fill appropriate vacancies that currently exist.
Currently any Air Corps Officer vacancies that exist are as a result of personnel not being qualified in accordance with Defence Force Regulations. Where vacancies exist and personnel are qualified, the Military Authorities make every effort to ensure that the expedient promotion of such personnel occurs.
Due to the complexity of the task and the variances in qualifications needed to fill differing positions in the Air Corps, it is not possible to provide an estimate of the length of time required to fill every vacant position.
60. Deputy Lisa Chambers asked the Taoiseach and Minister for Defence when Naval Service personnel who served in the Mediterranean Sea will receive the additional hazard allowance of €15 per day; the number of personnel eligible for the payment; and if he will make a statement on the matter. [7342/17]
Amharc ar fhreagraPDFORRA, the Representative Association for enlisted personnel, submitted a claim for an Overseas Armed Peace Support Allowance to be paid to personnel deployed to the humanitarian mission in the Mediterranean (Operation Pontus). In discussions, through the Conciliation & Arbitration Scheme, with officials from my Department agreement could not be reached on the payment of the claim and the matter was forwarded for third party Adjudication on 26 October 2016.
The Adjudication hearing was adjourned to allow for further negotiations between the parties where agreement was reached on an additional payment to relevant personnel. My Officials are currently in discussions with officials from the Department of Public Expenditure & Reform with a view to bringing this issue to a conclusion.
63. Deputy Aengus Ó Snodaigh asked the Taoiseach and Minister for Defence if health and safety investigations have been initiated by the other branches of the Defence Forces, whether by themselves or by external health and safety experts, to ensure that no other military personnel are exposed to the dangerous and carcinogenic materials or chemicals without the appropriate protective clothing, adequate training or basic equipment; and if he is satisfied that no other damning report such as that from the Health and Safety Authority into practices at Casement Aerodrome, Baldonnel will emerge. [7299/17]
Amharc ar fhreagraThe health and welfare of the men and women of the Defence Forces is a high priority for me and for the Military Authorities. I am advised that it is the policy of the Defence Forces to manage Health and Safety risks to all of its members. This is achieved in line with national Health and Safety regulations. The Defence Forces are committed to continuous risk mitigation and encourage inputs from its stakeholders to ensure that the work environment is as safe as possible.
In addition to the Health and Safety Authority (HSA) report following inspections at Casement Aerodrome, Baldonnel, I am advised by the military authorities that one other inspection was carried out by the HSA in January 2017 in the Communications and Information Service Corps workshops in the Defence Forces Training Centre (DFTC), Curragh Camp. The report on this HSA inspection is expected in the coming weeks.
The DFTC Health and Safety Officer will address any findings of this report in an appropriate manner. A follow up visit by the HSA is scheduled for the second quarter of this year.
64. Deputy Aengus Ó Snodaigh asked the Taoiseach and Minister for Defence his plans to extend the remit of the Defence Forces Ombudsman by removing the restrictions to its remit as per the Ombudsman (Defence Forces) Act 2004 and as highlighted by the Ombudsman in his most recent annual report. [7300/17]
Amharc ar fhreagraThe Office of the Ombudsman for the Defence Forces was established as an independent statutory office, under the Ombudsman (Defence Forces) Act 2004. The Ombudsman has full independence and autonomy in the discharge of his statutory functions. The function of the Ombudsman is to act as the ultimate point of appeal for, and administrative investigation into, complaints made by members and former members of the Defence Forces against another member or former member of the Defence Forces, or against a civil servant of the Department of Defence.
Under the provisions of section 5 of the Ombudsman (Defence Forces) Act 2004, certain actions are excluded from investigation by the Ombudsman. The main categories of exclusion are:
(a) where a complainant has already initiated legal action in respect of the matter complained of;
(b) the matter is or has been the subject of a military legal investigation and the complaint materially concerns the substantial matter, as opposed to administrative delay;
(c) the matter relates to or affects security or a military operation;
(d) any matter relating to the terms or conditions of employment in the Defence Forces within the scope of the existing statutory schemes of Conciliation and Arbitration;
(e) any matter concerning the organization, structure and deployment of the Defence Forces;
(f) any matter concerning the remission of punishments or forfeitures awarded under the Defence Act, 1954 or the administration of military prisons;
(g) if the complaint was made outside the specified time; or
(h) if the complaint relates to a matter which occurred before the commencement of the Ombudsman (Defence Forces) Act 2004.
In the 2015 Annual Report of the Ombudsman for the Defence Forces published in December 2016, the Ombudsman recommends that elements of the exclusions provided for in section 5 of the Ombudsman (Defence Forces) Act 2004 should be reviewed. In particular he questions why, in circumstances where maladministration is a primary consideration for an Ombudsman, should any administrative aspect of most, if not all, of the excluded matters be outside his jurisdiction. He also questions whether those exclusions are necessary and reasonable in circumstances where his powers are limited to the making of recommendations to the Minister.
As the Deputy is aware, the State’s oversight of the role and administration of the Defence Forces is very often dealt with separately to that of the main element of the public services. Where this occurs, the State has set up specific military related parallel structures as evidenced by matters such as bargaining on pay and conditions, military law and its related ancillary structures. The Ombudsman (Defence Forces) Act 2004 provides for the investigation of military administrative grievances separately to those of the general public service. While parallel structures exist for military personnel, they are dealt with in no less favourable way, having regard to their unique duties, than their civilian counterparts. The exclusions set out in Section 5 of the 2004 Act reflect in large the exclusions set out in the Ombudsman Act 1980. That said, my Department is reviewing the proposals put forward by the Ombudsman as part of an overall review of the Redress of Wrongs system in the Defence Forces.
