Oireachtas Joint and Select Committees

Thursday, 6 December 2012

Joint Oireachtas Committee on Public Service Oversight and Petitions

Ombudsman Special Reports: Discussion with Ombudsman

1:25 pm

Photo of Trevor Ó ClochartaighTrevor Ó Clochartaigh (Sinn Fein) | Oireachtas source

It is important to clarify to Deputy Boyd Barrett that we have received substantial evidence from An Coimisinéir Teanga. We spoke to officials from four organisations, including the Department of Social Protection, on the same day. We heard a great deal of evidence about similar cases in which An Coimisinéir Teanga, who is an ombudsman, had made a ruling. The Department of Social Protection decided not to comply with the ruling in this instance. It said it had received a direction from the Department of Public Expenditure and Reform to the effect that a working practice which had existed for 37 years should be followed. It is the same issue. An Coimisinéir Teanga made it clear that his ruling with regard to the law of the land should stand. Regardless of the Department involved in this case, the issue that needs to be considered at a higher level - as a State and as a Legislature - is whether all Departments agree that an ombudsman's ruling, which is made following a thorough investigation, should be adhered to. That is really fundamental.

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