1. 1 Mr. Tony McCourt Ombudsman for the Defence Forces Presentation to Joint Committee on Public Service Oversight and Petitions 5 th November, 2014

2. 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

3. 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

4. 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

5. 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

6. Defence Forces Redress of Wrong Process Complaint Submitted Company Commander Commanding Officer Brigade Commander Chief of Staff 2 Days 5 Days 14 Days 7 Days Resolved? Process Concludes Unresolved after Chief of Staff Considered Ruling OR Resolution unlikely and 28 days elapsed since Complaint Submission Complaint may be referred to Ombudsman Yes No Yes No

7. Complaint Process 7 Serving member Defence Forces Redress of Wrongs (RoW) Process ResolvedNo resolution likely after 28 days – Complainant may refer matter to ODF Complainant not satisfied Appeal notified and file sent by Chief of Staff to ODF Former member or serving member with a complaint against a Department of Defence civil servant. Former member with a complaint against a serving member Complaint referred directly to ODF and file requested from Chief of Staff Preliminary examination – jurisdictional issues considered Research of issues by ODF ODF issues Preliminary View Report: four weeks for replies, clarifications and further information Responses and further information considered by ODF ODF issues Final Report to Complainant, Chief of Staff and Minister Minister responds to Final Report Minister accepts recommendations Minister declines to accept recommendations ODF communicates outcome to Complainant ODF can issue Special Report

8. Ombudsman “The Ombudsman shall be independent in the performance of his or her functions….” Section 4 (1) Ombudsman (Defence Forces) Act 2004. 8

9. 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. Yes, if the complainant is a former member. 9

10. 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

11. 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

12. 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

13. 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