Oireachtas Joint and Select Committees

Tuesday, 9 March 2021

Committee on Public Petitions

Irish Ombudsman Forum: Discussion

Ms Justice Mary Ellen Ring:

I will give the Senator an overview with more on the historical background. He will have noticed I am the only female who signed the letter; somebody is perhaps taking the Ombudsman's role too literally. I would obviously like to see how we could deal with that, going forward. There have been attempts to shorten and neutralise it but, on a serious note, the role of an ombudsman is an important one in a democratic society. It is important, however, that we look at it, to hold firm on the role of an ombudsman. Looking at the people who have signed the letter, there is a broad sweep of mandates and it is up to each of them to educate the public, and the committee, as to the scope or limitations of each of their roles. I am sure that can be done with a more regular relationship with the committee.

It is an area which is fraught in how we all move forward. For instance, it is not a state secret that there will be legislation, in the next number of uncertain months, on policing. Part of the matters under review will be the oversight for policing. If there is a proposal for an ombudsman, it will be important, whether in policing legislation and proposals or in any other proposals for reviewing or introducing an ombudsman, that a committee such as this looks critically at legislative proposals on the issue.

Is the proposed new ombudsman coming within the terms of the Venice Commission proposals? Is the new ombudsman being properly resourced, both financially and in terms of personnel? Will the proposed ombudsman have a clear channel of dialogue and answerability to a particular Department, or Departments, as the case may be? Where new legislation brings in proposals about an ombudsman and the role of an ombudsman, I could see a committee such as this being able to focus in, look critically at the legislative proposals on those issues and bring forward to their colleagues suggestions, amendments and talking points that would allow for a more consistent approach to the introduction of a revised or new ombudsman. Mr. Tyndall might want to add to that.

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