Transcript Ombudsman - Oireachtas

Mr. Tony McCourt
Ombudsman for the Defence Forces
Presentation to
Joint Committee on Public Service Oversight and Petitions
5th November, 2014
1
What does the Ombudsman for the Defence
Forces do?
• Investigates and reports on complaints by members,
and former members, of the Defence Forces.
• Makes recommendations to Minister.
• Independent of the Minister, the Department of
Defence and the military authorities.
2
Who can make a complaint?
•
•
•
•
Serving members of the Defence Forces
Retired members of the Defence Forces
Serving Members of the Reserve Defence Forces
Retired members of the Reserve Defence Forces
3
Against whom?
The Ombudsman is empowered to investigate
complaints about actions taken by:
• Another serving member of the Defence Forces
• A former member of the Defence Forces who was
serving at the time of the action
• A civil servant of the Department of Defence
4
About?
Any action adversely affecting the Complainant;
• Taken without proper authority
• Taken on irrelevant grounds
• The result of negligence or carelessness
• Based on wrong or incomplete information
• Improperly discriminatory
• Contrary to fair or sound administration
5
Defence Forces Redress of Wrong Process
Unresolved after Chief of Staff
Considered Ruling
OR
Resolution unlikely and 28 days
elapsed since
Complaint Submission
7 Days
Chief of Staff
14 Days
Complaint may be referred to
Ombudsman
No
Brigade
Commander
Resolved?
Yes
5 Days
No
Yes
Commanding
Officer
2 Days
Company
Commander
Complaint
Submitted
Resolved?
No
Yes
Resolved?
Process
Concludes
Complaint Process
Preliminary examination – jurisdictional issues
considered
Serving member
Defence Forces
Redress of Wrongs (RoW) Process
Research of issues by ODF
ODF issues Preliminary View Report: four weeks for
replies, clarifications and further information
Resolved
Complainant not
satisfied
No resolution
likely after 28
days –
Complainant
may refer
matter to ODF
Responses and further information considered by ODF
ODF issues Final Report to Complainant, Chief of Staff
and Minister
Appeal notified and file sent by
Chief of Staff to ODF
Minister responds to Final Report
Complaint referred directly to ODF and file requested
from Chief of Staff
Minister declines to
accept
recommendations
Former member or serving member with a complaint
against a Department of Defence civil servant.
Former member with a complaint against a serving
member
ODF can issue
Special Report
Minister accepts
recommendations
ODF communicates
outcome to
Complainant 7
Ombudsman
“The Ombudsman shall be independent in the
performance of his or her functions….”
Section 4 (1) Ombudsman (Defence Forces) Act 2004.
8
Are complaints made directly to the
Ombudsman?
No, if the complainant is a serving member of the
Defence Forces.
If resolution of the complaint is not likely and 28 days
have passed since the complaint was made, a Serving
member of the Defence Forces may refer the matter
to the Ombudsman. Jurisdiction remains at the
discretion of the Ombudsman.
9
Yes, if the complainant is a former member.
Do complaints have to be made within a
specific time?
Yes:
• within 12 months of the action happening,
or
• within 12 months of becoming aware of the action
10
Can the Ombudsman for the Defence Forces
investigate actions that occurred before the
establishment of his Office?
No.
The Ombudsman can only investigate actions taken on
or since 1st December 2005, the day the Minister for
Defence signed an Order bringing the provisions of the
Ombudsman (Defence Forces) Act 2004 into force.
11
Is the Ombudsman for the Defence Forces
excluded from investigating some issues?
Yes, actions relating to the following:
• Legal or disciplinary proceedings
• Security or military operations
• Terms and conditions of employment (i.e. within the
scope of the Conciliation and Arbitration Scheme )
• Organisation, structure and deployment of the Defence
Forces
• Administration of military prisons
12
Outcome of High Court Challenge to
Appointment of Ombudsman?
Mr. Justice Hedigan decided, 21 Nov 2013, that;
• Nothing precludes a former member of the Defence
Forces from holding the post of Ombudsman
• Appointment of former member does not give rise
to reasonable apprehension of bias
• Minister did not act ultra vires in deciding office
should be a part-time one
Decision is under appeal to Supreme Court
13