Ombudsman for the
Defence Forces
Ombudsman
Official appointed to investigate complaints regarding
maladministration, unfairness or injustice.
Origins in Scandinavian countries, initially associated with
Government administration.
Concept expanded to include private industry sectors,
newspapers etc.
Key characteristics:
– Impartial
– Independent
– Investigative role
– Issue and publish recommendations
– Legislative basis
Ombudsman for the Defence Forces
Fourth Ombudsman office to be established by legislation in Ireland:
– Ombudsman (enabling legislation 1980)
– Pension’s Ombudsman (enabling legislation 2002)
– Ombudsman for Children (enabling legislation 2002)
Since then, a fifth, Garda Complaints Ombudsman Commission has
been appointed
First such dedicated Office for any defence force in the European
Union.
Ombudsmen for the Defence Forces operate in Canada and Australia.
Ombudsman (Defence Forces) Act 2004
Legislation first introduced in Dail Eireann Jan 2002.
Signed into law by President McAleese Nov 2004.
Then Minister for Defence, Michael Smith, TD, described the
establishment of the Office as a ‘major historical milestone in the
modernisation of redress procedures’.
Cross-party support for Ombudsman.
Main amendment as legislation passed through Oireachtas concerned
giving the Ombudsman as wide a remit as possible.
Ombudsman for the Defence Forces became operational on 1
December 2005.
The Ombudsman
Ombudsman:
– Paulyn Marrinan Quinn.SC
– Appointed for a 3 year term
– Ombudsman cannot be a member of the Defence Forces or a
civil servant
– Ombudsman is appointed by the President on the
recommendation of the Government having been selected
through open public recruitment process.
– Ombudsman can be appointed for a second or subsequent term
Function of Ombudsman
Founding Principle is Independence:
‘The Defence Ombudsman shall be independent in the
performance of his or her functions’ (Section 4 (1) Ombudsman
(Defence Forces) Act 2004.
Ombudsman for the Defence Forces is an impartial third-party.
Office is independent of the Minister, the Department of Defence and
the military authorities.
Provide members and former members of the Defence Forces with a
fair, rigorous and independent investigation of complaints.
Who Can Lodge a Complaint?
 Serving members of the Defence Forces
 Former members of the Defence Forces
 Serving members of the Reserve Defence Forces (RDF)
 Former members of the RDF
Former members of the Defence Forces and the RDF can lodge a
complaint directly to the Ombudsman for the Defence Forces.
Serving members of the Defence Forces and the RDF must, in the first
instance, use the internal Defence Force complaint structure (Section
114 of the Defence Act 1954)
If, 28 days after that complaint was made, there is no resolution of the
dispute then a serving member is entitled to bring complaint to
Ombudsman for the Defence Forces.
Who and What Can I Lodge a Complaint About?
Who?
Actions taken by:
– another serving member of the Defence Forces.
– a former member of the Defence Forces who was serving
at the time
– a civil servant
What?
Any action that may have been:
– 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
Exclusions
Ombudsman is excluded from investigating actions that concern:
– Security or military operations
– Organisation structure and deployment of the Defence Forces
– Terms and conditions of employment
– Administration of military prisons
In addition, the Ombudsman for the Defence Forces is excluded from
investigating actions if:
– The person making the complaint has lodged legal proceedings
in relation to the matter
– The action has been summarily dealt with according to Section
179 of the Defence Act 1959
Timeframe
Two Important ‘cut-off’ points to be aware of:
– Ombudsman for the Defence Forces can only
investigate actions that occurred since 30
November 2005.
– Complaints have to be lodged with the
Ombudsman for the Defence Forces within 12
months or the action happening or within 12
months of the person becoming aware of the
action.
How the Ombudsman Investigates
Complaints are investigated by the Ombudsman for the Defence
Forces or qualified, professional members of her team – ‘Investigation
Officers’.
Investigation Officers are issued with a warrant by the Ombudsman for
the Defence Forces which confers on them legal powers to
investigate, request production of documents, interview witnesses etc.
Investigation Powers and Process
Preliminary investigation:
– First stage of investigation process.
– Designed to establish bona fides of the complaint before full-scale
investigation is launched.
Involves number of checks:
– Is the person who lodged complaint genuinely affected by the action
– The complaint is not trivial and is not motivated by, for example, a
personal grudge.
– No satisfactory measures have been taken to resolve the issues at
stake
If a decision not to proceed with the investigation is taken at this stage the
complainant will be informed of the reasons for doing so
Expect most complaints will proceed beyond preliminary investigation
Legal Powers to Investigate
– Request any document or information relevant to investigation
– Inspect and take copies of any records relevant to the
investigation
– Require people who have relevant information to appear in
person
– Right to access any military installation during an investigation
– Individual cannot obstruct or hinder the work of the Ombudsman
– These powers apply to the Ombudsman and any investigation
officers she has appointed by warrant.
– The Ombudsman decides what is relevant to an investigation
– Only documents Ombudsman cannot access directly are
confidential Govt. records or documents concerning security or
military operations.
– Ombudsman is required to give the person who is the subject of
a complaint the opportunity to respond.
Outcome of Investigations
– When an investigation is complete Ombudsman sends her
report to the person who made the complaint, the Minister for
Defence and other relevant people involved in investigation.
– If complaint is upheld by the Ombudsman recommendations
are made to the Minister for Defence. These
recommendations are also sent to person who made
complaint
– These recommendations may set out measures that should
be taken to redress the situation. They may also set out
measures to prevent a similar situation occurring in the future.
– If Ombudsman is not satisfied with Minister’s response then
she may issue a ‘special report’. Special Report are published
in the Annual Report of the Ombudsman.
How To Lodge A Complaint
In Writing or On-line
In Writing:
– Write out the details of your complaint or
– Print off the on-line complaint form (www.odf.ie) and complete
– If you are providing supporting documentation with your complaint
we recommend that you use this method and send in your
complaint and accompanying documentation in one package.
On-line:
– Complaints can be lodged on-line with the Ombudsman for the
Defence Forces through www.odf.ie
Before Lodging A Complaint
Double check that the Ombudsman for the Defence is entitled to investigate
your complaint:
– Did the action I’m complaining of occur after 30 November 2005?
– Has the action occurred within the past 12 months or have I
become aware of the action in the past 12 months?
– If you are a serving member have you lodged a complaint under
Section 114 of the Defence Act and after 28 days no satisfactory
response has issued?
– The action does not relate to:
• security or military operations
• organisation, structure and deployment of the Defence
Forces
• terms and conditions of employment
• administration of military prisons
– The action you are complaining about has not been summarily
dealt with according to Section 179 of the Defence Act, 1954.
What If My Complaint Fails One or more of
these tests
The Ombudsman cannot initiate an investigation into your complaint
However, the Ombudsman would appreciate if you inform her of the
your complaint
The Ombudsman needs this information to identify areas where a
legislative change would improve the service she can provide to
members and force members of the Defence Forces and the RDF
In terms of how the role of the Ombudsman for the Defence Forces
evolves in the future it is important that the current Ombudsman know
the extent and nature of all legitimate grievances, even those that at
present she cannot investigate
Important Information to include
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Your name, rank and posting
Date of the action or date you became aware of action
Brief description of background to complaint
Brief description of how action affected you
Who took the action you’re complaining about
Name, rank and posting of person you allege took the action
Include copies of any supporting documentation
Serving members: date you lodged internal complaint
Contact details and how you prefer to be contacted
Always remember to make copies of your complaint for your
own records
More Information
Further information is available:
www.odf.ie
Detailed information on making a complaint
– Background to the office
– On-line complaint form (print off or submit on-line)
Explanatory Leaflet
– Available from Office
– Widely distributed among serving and former members
Telephone/email
– Assistance or information is available from the Ombudsman’s
staff
Contact Details
Paulyn Marrinan Quinn SC.
Ombudsman for the Defence Forces,
13 – 15 Lower Hatch Street,
Dublin 2.
Ph:
Fax:
Email:
00 353 1 6633222 or Lo call 1890 252 281
00 353 1 6633223
admin@odf.ie
www.odf.ie
Our office is open Monday – Friday from 9.30am to 5.30pm
Thank you for
your attention!