S.I. No. 781/2005 - Defence Forces Ombudsman (Procedures for Access to Military Installations) Regulations 2005
DEFENCE FORCES OMBUDSMAN (PROCEDURES FOR ACCESS TO MILITARY INSTALLATIONS) REGULATIONS 2005. | ||||||
I, WILLIE O'DEA, Minister for Defence, in exercise of the powers conferred on me by section 9 of the Ombudsman (Defence Forces) Act 2004 (No. 36 of 2004), hereby make the following Regulations:— 1. (1) These Regulations may be cited as the Defence Forces Ombudsman (Procedures for access to military installations) Regulations 2005. | ||||||
(2) These Regulations come into operation on 1 December 2005. 2. (1) In these Regulations— | ||||||
“Act” means the Ombudsman (Defence Forces) Act, 2004 (No. 36 of 2004); | ||||||
“military installation” includes a barrack or barracks station, fort, camp, quarters, hospital, post, magazine, aerodrome range, harbour, pier, dockyard, dry-dock, anchorage or any other works, building or place occupied or used by or under the control of (whether temporarily or otherwise the Defence Forces or any portion thereof. | ||||||
(2) In these Regulations, unless otherwise indicated— | ||||||
(a) a reference to a Regulation or Schedule is to a Regulation of, or Schedule to these Regulations and | ||||||
(b) a reference to a paragraph or subparagraph is a reference to a paragraph or subparagraph of the provision in which the reference occurs. 3. Where the Ombudsman considers it necessary to gain access to a military installation for the purpose of conducting a preliminary examination or investigation under the Act, he or she or any investigation officer shall complete Part 1 of the Form specified in the Schedule, and forward it to the Officer Commanding the military installation, requesting right of access to the said installation on a specified date or dates. 4. (1) The Officer Commanding the military installation shall grant such request for access unless the operational requirements of the installation or any unit within the installation are such that access cannot be provided on the date in question, in which case an early alternative date shall be provided to the Ombudsman or investigation officer within 7 days of the receipt of the initial request. | ||||||
(2) The Officer Commanding the military installation shall nominate a Liaison Officer to facilitate the visit by the Ombudsman or the investigation officer. | ||||||
(3) The Officer Commanding the military installation shall ensure Part 2 of the Form specified in the Schedule is completed and returned to the Ombudsman or the investigation officer, confirming that access has been arranged on the requested date or dates, or on an alternative date if appropriate, and confirming contact details for the nominated Liaison Officer. 5. (1) The Ombudsman or investigation officer shall make direct contact with the Liaison Officer on arrival at the installation. | ||||||
(2) The Liaison Officer shall ensure that he or she is available to meet the Ombudsman or investigation officer once they make contact. 6. The Ombudsman or investigation officer may be accompanied by the Officer Commanding the military installation or the Liaison Officer to any location within the military installation, subject to the agreement of the Ombudsman or investigation officer. 7. The Officer Commanding the military installation or the Liaison Officer may warn the Ombudsman or investigation officer in writing, that access to certain locations within the military installation, is not recommended for stated security reasons or for reasons of safety. | ||||||
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SCHEDULE DEFENCE FORCES OMBUDSMAN ACCESS TO MILITARY INSTALLATION | ||||||
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Part 1 — Request for Access to Military Installation | ||||||
To the Officer Commanding [insert name of military installation]. | ||||||
The following personnel require access to [insert name of military installation], on [insert date or dates] at [insert time], for the purpose of conducting a preliminary examination/an investigation [delete as appropriate] under the Ombudsman (Defence Forces) Act 2004 ; | ||||||
[insert name of person here] Ombudsman/Investigation Officer [delete as appropriate] [insert another row if access required for more than 1 investigator] | ||||||
Signed:_____________ Ombudsman/Investigation Officer [delete as appropriate] | ||||||
Date: [insert date here] | ||||||
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Part 2 — Response to Request for Access to Military Installation | ||||||
Date Request Received:______________ | ||||||
To______________________________ | ||||||
Unfortunately due to operational requirements access cannot be provided on the date(s) requested however [delete proceeding sentence if not relevant] Access has been arranged for the above mentioned personnel on _______________ at ______________________ | ||||||
The nominated Liaison Officer (LO) for the purpose of this visit is; | ||||||
LO Name: ______________ Tel No: ______________ | ||||||
E-mail: ______________ | ||||||
On arrival at the military installation please make direct contact with the LO. | ||||||
Signed: ______________ Rank: ______________ | ||||||
Date: ______________ | ||||||
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EXPLANATORY NOTE | ||||||
(This note is not part of the Instrument and does not purport to be a legal interpretation.) | ||||||
These regulations specify the procedures to facilitate the Defence Forces Ombudsman and investigating officers gaining access to military installations. |
