Ombudsman (Defence Forces) Act 2004

Conduct of investigations.

9

9.—(1) An investigation by the Ombudsman under this Act shall be conducted otherwise than in public.

(2) Where the Ombudsman proposes to carry out an investigation under this Act into an action that is the subject of a complaint he or she shall afford the Minister, a civil servant, any member of the Defence Forces, the person who is alleged to have taken or authorised the action or on whose behalf the action is alleged to have been taken or authorised, and any other person who, in the opinion of the Ombudsman, is appropriate, having regard to the complaint, an opportunity to comment on the action and on any allegation contained in the complaint.

(3) The procedure for conducting an investigation shall, subject to any regulations under subsection (5), be such as is considered appropriate by the Ombudsman, having regard to all the circumstances concerned.

(4) The Ombudsman and any investigation officer shall have a right of access to any military installation for the purpose of conducting a preliminary examination or an investigation under this Act.

(5) The Minister may make regulations specifying the procedures, including notification procedures, to be applied to the exercise of the right of access referred to in subsection (4) for the purpose of conducting a preliminary examination or investigation under this Act.

Annotations:

Editorial Notes:

E2

Power pursuant to section exercised (1.12.2005) by Defence Forces Ombudsman (Procedures for Access to Military Installations) Regulations 2005 (S.I. No. 781 of 2005).