Paulyn Marrinan Quinn S.C.
Ombudsman for the Defence Forces - Ireland
THE RULE OF LAW AND THE SECURITY SECTOR
Tuesday 8 May 2012,
Istanbul, Turkey
How can the Ombudsman for the Defence Forces help to protect the
human rights and fundamental freedoms of Armed Forces Personnel
Session III : Human Rights and Fundamental Freedoms for Governmental Security Officials
What does your Ombudsman do?
A neutral third-party who investigates complaints by
members, and former members, of the Defence
Forces.……..independent of the Minister, the
Department of Defence and the military authorities.
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Who can make a complaint?
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•
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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
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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
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About?
Any action that may have been:
•
•
•
•
•
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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
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Irish Defence Forces Redress of Wrong Process
• Legislative Basis - Defence Act 1954, Section 114 (2) Administration Instruction A 7
• Grievance Procedures in its present form is in place since
December 2005 following the establishment of of the Office
of the Ombudsman for the Defence Forces.
• Number of Steps
• Guideline of 28 days from initiation of complaint to
completion at Chief of Staff level. Complaint may be referred
directly to Ombudsman if timeframe is exceeded
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Irish Defence Forces Redress of Wrong Process
Unresolved after Chief of Staff
Considered Ruling
OR
28 days elapsed since
Complaint Submission
7 Days
Chief of Staff
Complaint may be referred to
Ombudsman
14 Days
No
Brigade
Commander
Resolved?
Yes
5 Days
No
Yes
Commanding
Officer
2 Days
Company
Commander
Complaint
Submitted
Resolved?
No
Yes
Resolved?
Process
Concludes7
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 decision
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
Minister accepts
recommendations
ODF can issue
Special Report
ODF communicates
outcome to
Complainant
Former member or serving member with a complaint
against a civil servant
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Ombudsman
“The Ombudsman shall be independent in the
performance of his or her functions….”
Section 4 (1) Ombudsman (Defence Forces) Act 2004.
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Do I take my complaint directly to the
Ombudsman?
Not in the first instance.
If, 28 days after the complaint was made, there is no
resolution of the dispute, then a Serving member of
the Defence Forces is entitled to bring their complaint
to the Ombudsman
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Do I have to make a complaint within a specific
time?
Yes:
•within 12 months of the action happening,
or
•within 12 months of becoming aware of the action
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Can the Ombudsman for the Defence Forces
investigate actions that occurred before the
establishment of her Office?
No.
The Ombudsman can only investigate actions taken on
or since 1st December 2005, the day the Minister for
Defence signed regulations bringing the provisions of
the Ombudsman (Defence Forces) Act 2004 into force.
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Is the Ombudsman for the Defence Forces
excluded from investigating some issues?
Yes.
• Security or military operations
• Organisation, structure and deployment of the
Defence Forces
• Terms and conditions of employment (i.e. within the
ambit of the Conciliation and Arbitration scheme )
• Administration of military prisons
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