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

– 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: 00 353 1 6633222 or Lo call 1890 252 281Fax: 00 353 1 6633223Email: admin@odf.ie

www.odf.ie

Our office is open Monday – Friday from 9.30am to 5.30pm

Thank you for your attention!