BackThe Ombudsman for the Defence Forces, Mr. Patrick Anthony McCourt, has reported changing trends in the level of complaints reported to his Office during 2012. In the Ombudsman for the Defence Forces 7th Annual Report, which was published today, the Ombudsman says that his Office received “122 Notifications of Complaints (NOCs) in respect of Redress of Wrongs applications, pursuant to section 114 of the Defence Act 1954, initiated by serving members of the Defence Forces during 2012. In addition there were 5 directly referred complaints received. This total of 127 notifications for 2012 shows a significant year on year increase on the 78 recorded in 2011 and the 62 recorded in 2010.” The figures represent an increase of 63 per cent in complaints by service personnel in 2012 compared to 2011.
The Report indicated that a reduced percentage of complaints were dealt with through the internal redress system of the Defence Forces in 2012. In 2011 some 46 per cent of grievances initiated by serving members of the Defence Forces were resolved internally by the Defence Forces during the year whereas in 2012 this figure dropped to 37 per cent. The increase in the number of complaints notified to the Ombudsman during 2012 allied to the reduction in the percentage of cases resolved within the Defence Forces provides a clear indication that the downward trend in the number of cases referred to the Ombudsman in recent years is not likely to be sustained.
The Ombudsman has given credit to the Military Authorities for the thoroughness of the internal investigations by Military Investigation Officers appointed by the Defence Forces to investigate complaints made by serving military personnel under the Redress of Wrongs provisions of the Defence Act 1954. The Ombudsman said: “I commend the Defence Forces generally on the standard of reports produced by the Military Investigating Officers (MIO’s) and the care and detail with which the military authorities record their decisions at all stages.” The Ombudsman also recommended that consideration be given to measures which would enhance the independence of MIO’s.
Established in 2005, The Office of the Ombudsman for the Defence Forces is empowered to provide both an independent and accessible appeal process for members who were not satisfied with the internal military handling of their grievances in addition to providing civilian oversight of administrative practices within the Defence Forces. The Ombudsman believes “that it is essential that complaints and administrative procedures of the Irish Defence Forces remain subject to the independent scrutiny that the Ombudsman for the Defence Forces provides. Members of the Irish Defence Forces are, like all other citizens, subject to the civil and criminal law of this country. However, unlike other citizens, our citizens in uniform are also subject to the code of military law provided by the Defence Act 1954, Defence Force Regulations, Administrative Instructions and the orders of superiors which are applicable only in a disciplined body with a chain-of-command structure”. In such unique circumstances independent civilian oversight of administrative practices is appropriate.
During 2012, the Ombudsman had some 77 active complaints under investigation. The largest category of complaints related to the administration and management of the selection procedures for promotion within the Defence Forces. The grounds and causes giving rise to these complaints were as follows:
- · 23 related to non-selection for promotion;
- · 21 related to general maladministration;
- · 15 related to non-selection for a career-related course;
- · 10 related to non-selection for overseas services or a particular posting; and
- · 8 related to interpersonal issues.
Source: Ombudsman for Defence Forces, Ireland
