Ombudsman for the Defence Forces 3rd Annual Report

The Office of the Ombudsman for the Defence Forces reported a significant increase in the number of cases referred and investigated by her in 2008

Presenting her 3rd Annual Report today (28/5/’09) the Ombudsman for the Defence Forces, Paulyn Marrinan Quinn, reported that 261 Complaints were made by members of the Defence Forces through their Internal Grievance procedures, an increase of 55% on 2007 figures. ‘

‘It was notable that whereas, approximately 30% of all grievances processed through the Defence Forces’ Redress of Wrongs (RoW) procedures were subsequently referred to me by way of appeal in 2006 and 2007, in 2008, a total of 153 complaints which had gone through the RoW, were appealed to me representing 58% of all RoW cases.’

In 2008, the Ombudsman’s Office investigated 106 case- an increase of 39%. The nature of the cases and causes of complaint varied, with the majority concerning selection and nomination procedures for promotion and Career Courses, maladministration and career related administrative procedures and alleged inappropriate behaviour and bullying.
Of the 106 cases investigated by the Ombudsman, the following is the breakdown under the causes of complaint:-

• Selection Procedures for Promotion: 33 cases.
• Alleged Inappropriate Behaviour / Bullying: 32 cases
• Selection for Career Courses; 14 cases
• Administration procedures: 13 cases
• Maladministration: 12 cases
• Selection Procedures for Overseas Service: 2 cases

In 2008 the profile of the Complainants tended to be broadly similar to previous years in terms of gender, rank and Service.

The number of Preliminary and Final Reports issued by the Ombudsman for the Defence Forces increased substantially in 2008. Of the cases investigated by the Ombudsman in 2008, a Final Report was issued in respect of 34 cases. Of these, almost 60% of the cases were upheld in favour of the Complainant. Preliminary View Reports (PVR) were issued in respect of 48 cases.

Commenting on the increased number of referrals Ms Marrinan Quinn said ‘These figures illustrate the growing confidence and trust members and former members of the Defence Forces place in my Office to fairly and independently adjudicate appeals from the outcome of the Internal Redress of Wrongs procedures. Despite the obvious additional workload that this has presented, it is an encouraging trend’

‘While the Office has operated with small staffing levels, the impact has been far-reaching so far. I am confident that it represents significant value for money. Many Countries are considering the establishment of such an Office of Ombudsman with specific responsibility for the Armed Forces and they have looked to Ireland for indications of the benefits which such an Office would bring.’

Ms Marrinan Quinn added ‘I am pleased to report that findings which I have made in some cases have informed work undertaken by the Defence Forces in revising a number of human resource, procedural and administrative practices including the Selection Procedure used for Career Courses and Overseas Service. In addition to dealing with issues arising in specific cases, an Ombudsman is likened to “a sleeping Policeman” that is to say that by its very presence it is acting as an agent of change and a guardian of fairness.

She had also commented that the establishment of the Ombudsman for the Armed Forces in Ireland had been widely supported and accepted in a positive light. ‘There is ample evidence that the Defence Forces has seen the wisdom in a number of recommendations contained in my Final Reports and accepted by the Minister for Defence. I commend this openness to change and hope that the coming years will see an even greater synergy between ODF recommendations and Defence Forces practices so that recurring sources of grievance that have been identified are reduced.

The Ombudsman added ‘‘The role of an Ombudsman is multi-faceted. It is a safety net, an early warning system and a catalyst for change. In these roles, an Ombudsman serves to ensure that unfair practices do not persist. Viewed in the context of the modernisation of the Armed Forces, it can provide independent overview of the grievance procedures, investigate individual complaints and contribute to safe-guarding the Human Rights of members of Defence Forces. Because the Office is complaint focused, it can identify good practices that are badly applied, bad practices that are in need of reform and systemic issues that may arise.

‘All dispute resolution processes, whatever their nature, are both precious and fragile. The essential elements of Ombudsmanship are independence, accessibility, fairness and accountability. I hope this 3rd Annual Report provides a comprehensive and accessible account of the work undertaken in 2008.’

Annual Report 2008 Highlights

• 106 cases accepted for investigation, a 39% increase on 2007.
• 48 Preliminary View Reports (PVRs) issued, a 23% increase on 2007.
• 34 Final Reports issued, a 17% increase on 2007.
• 261 Notifications of Complaint through the Defence Forces’ RoW procedure received by ODF, a 55% increase on 2007.
• Introduction of new categories which provide a more accurate reflection of the grounds for complaints and appeals investigated by ODF.
• Undertakings given by Defence Forces and Minister for Defence for review and reform of administrative practices and promotion procedures.
• Evidence that the role and remit of the ODF is well established with a continued reduction in the appeals deemed Outside Terms of Reference (OToR) due to time limitations or the necessity to use Defence Forces’ RoW procedure in the first instance.
• Completion of OSCE’s ‘The Citizen In Uniform’ project with the publication in May 2008 of The Handbook on Human Rights and Fundamental Freedoms of Armed Forces Personnel and a keynote address by the Ombudsman for the Defence Forces at the launch.
• Continued international interest in the establishment and role of ODF.
• Successful working visit to Department of National Defence and Canadian Forces Ombudsman which built new relationships between ODF and that organisation.