Oireachtas Joint and Select Committees

Wednesday, 10 October 2012

Joint Oireachtas Committee on Public Service Oversight and Petitions

Ombudsman (Amendment) Bill 2008: Discussion with the Ombudsman

4:20 pm

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael) | Oireachtas source

I acknowledge the strongly worded comments of the Ombudsman to the committee regarding the Bill before the Seanad. I am not sure of the date it was published but, notwithstanding her strong words, progress is at last being reported and that should also be acknowledged notwithstanding the frustration, both personal and professional, of various Ombudsmen over the past 27 years. It is imperative that the amending legislation be passed at the earliest opportunity and I take on board her comment that having regard to the shortcomings, nevertheless the priority appears to be to enact what we have and the Minister for Public Expenditure and Reform has acknowledged that if there are shortcomings, they will be dealt with, if not in the immediate term, then in the medium term. I am subject to contradiction by my Seanad colleagues but it is expected that a debate will be completed in the House perhaps the week after next, which means it will be ready to be brought before the Dáil prior to the end of October. If the committee deems it appropriate and helpful, I will arrange a meeting this evening with the Government Chief Whip and convey to him the Ombudsman's sentiment. There is every reason the Bill should have concluded its Second Reading in the Dáil prior to the Christmas recess, notwithstanding the busy schedule and, in particular, the budget. It should be ready for Committee Stage in early January. Having regard to the time involved, it should be the objective of the Houses of the Oireachtas - this committee is well placed to monitor progress - that with the six months lapse, the new Act could well be in force by 1 September next.

The Bill is on the A list of the legislative programme and, therefore, assuming it can be tabled for debate before Christmas, there is every reason it can be enacted in full during February and be ready for commencement by 1 September. We can revisit the issues mentioned by the Ombudsman. Some issues are not within the Minister's remit, particularly those relating to the Department of Justice and Equality. It will not prove feasible in the context of the current Bill, notwithstanding Committee Stage, to provide for the appropriate extensions into the areas under the remit of that Department but the priority must be an early enactment. Following my meeting with the Government Chief Whip later, I will convey the outcome to the Chairman tomorrow.

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