The Minister with Responsibility for Defence Mr. Paul Kehoe T.D., welcomes the Government’s decision to recommend that Mr. Justice Alan Mahon be appointed by the President as Ombudsman for the Defence Forces

The Government today decided to recommend Mr. Justice Alan Mahon for appointment by the President as the new Ombudsman for the Defence Forces, for a three year period with effect from 6th July 2018. Mr. Justice Mahon was recommended following an open competition run by the Public Appointments Service. Mr. Justice Mahon will be resigning as a Judge of the Court of Appeal to take up the position, which is a non-judicial position.

Minister Kehoe commented “I would like to congratulate Mr. Justice Mahon and wish him every success in his future role as Ombudsman for the Defence Forces. No doubt Mr. Justice Mahon will bring to bear his wisdom and extensive legal experience in fulfilling the role over the three year term of his appointment.”

Mr. Justice Mahon was called to the Bar in 1976 and to the Inner Bar in 1988. He was appointed as a judge of the Circuit Court in April 2002 and was appointed as a Member of the Tribunal of Inquiry into Certain Planning Matters and Payments in September 2002. In July 2003 he was appointed as Chairperson of the Tribunal. In October 2014 he was appointed a judge of the Court of Appeal.

ENDS

Notes for the Editors:

The appointment will be subject to the terms of the Ombudsman (Defence Forces) Act 2004.

The primary role of the Ombudsman for the Defence Forces (ODF), as provided for in the Ombudsman (Defence Forces) Act 2004, is to provide an independent appeals process for members of the Defence Forces who have processed a complaint through the internal Defence Forces redress of wrongs process but remain dissatisfied with the outcome or the manner in which the complaint was handled. The 2004 Act also provides that, subject to certain conditions, the Ombudsman may accept complaints directly from former members of the Defence Forces.

The last ODF, Mr. Tony McCourt, was appointed by the President on 7 November, 2012 and served initially for three years in office, which was extended for a further two years (a period of 5 years in total). His term of office expired on 6 November 2017. Following an open competition run by the Public Appointments Service Mr. Justice Alan Mahon was recommended to fill the post for the next three years. Section 2 (5) of the Ombudsman (Defence Forces) Act 2004 provides that a person shall be appointed as Ombudsman for such term as may be specified in the instrument of appointment and such term will not exceed seven years. Provision is also included for re-appointment to the office for a second or subsequent term.

The previous appointment was on a part-time basis. However, Mr. Justice Mahon’s appointment to the position of ODF will be on a full time basis, based on an increase in the number of cases notified to the Ombudsman in recent years. The office of ODF is now well established and a number of the administrative and systemic issues identified by the ODF to date have been addressed and have contributed to improvements in procedures, practices and policies within the Defence Forces. In addition, an increase in the number of redress of wrongs complaints resolved by the Defence Forces own complaint handling process without the need for referral to the ODF has been noted in recent years.

The whole-time rate of remuneration of the Ombudsman for the Defence Forces shall be the equivalent salary of the 5th point of the scale for Principal Officer (Higher Scale) at the Personal Pension Contribution Rate (PPC).

The standard terms of the Public Service Superannuation Scheme and the provisions of the Public Service Pensions (Single Scheme and Other Provisions) Act 2012, Section 52 (Abatement and Reckoning of Pensionable Service) will apply to the appointment.