Oireachtas Joint and Select Committees

Wednesday, 23 October 2013

Joint Oireachtas Committee on Public Service Oversight and Petitions

Ombudsman and Information Commissioner: Discussion with Nominee

4:35 pm

Photo of Paul BradfordPaul Bradford (Fine Gael) | Oireachtas source

I welcome Mr. Tyndall and wish him every success in his new post of responsibility. His submission and speech were very interesting. We look forward to engaging with him.

I wish to pursue the question by Deputy Terence Flanagan on the recruitment process, but I take Mr. Tyndall’s deflected answer concerning the process in Dublin. It is a matter I raised in the Seanad some months ago, which is why I am interested in it. While I accept that Mr. Tyndall may not be free to talk about the process, perhaps he would be willing to let us know the recruitment process for his position in Wales. Was it advertised? Was there an interview process? Was the procedure different from ours?

My second question relates to a statement Mr. Tyndall made. He has pointed out, correctly, that an equally core duty of the office is ensuring bodies in jurisdiction implement the recommendations arising from investigations. We agree 100%, particularly where the body in jurisdiction is the Government as a whole. Having read the work of his predecessor, Ms Emily O'Reilly, Mr. Tyndall is possibly aware of a special report of the Ombudsman. A special report is laid before the Oireachtas where a matter is deemed to be exceptionally serious. There is such a report before the office and the Government, the lost at sea report. That the Government and its predecessors failed absolutely to respond to the recommendations made is absolutely disgraceful. The matter may have come before the Office of the European Ombudsman. The current coalition which includes my party and some people in this room, gave the most solemn commitment to implement the recommendations of Ms Emily O'Reilly. That has now been dismissed on so-called legal grounds. The previous Government did likewise.

The committee must make a statement that when the Ombudsman lays not just any report but a special report before the Houses of the Oireachtas, its recommendations should surely be implemented. I hope Mr. Tyndall will confirm that he will pursue the matter with vigour. There is a widow in Donegal affected. I never met her, but I know one or two of the family who have suffered. The special report was laid before the Houses of the Oireachtas not just for consideration but for a response. It is not good enough that we suddenly do political and legal somersaults and say we cannot now do what we absolutely and solemnly promised to do. That excuse is simply not good enough. I am not expecting miracles from Mr. Tyndall today, but I am asking for his strong commitment to continue the work of his predecessor to secure justice for a family who lost not only financially but also family members in a fishing accident. When the Ombudsman says it is a core duty to ensure bodies in jurisdiction implement recommendations, this must be borne in mind. I am not a member of the committee, but I came along to ask the Ombudsman to ensure our word is our bond, that we will respond and implement the recommendation of Mr. Tyndall's predecessor. The special report was probably the most serious produced by the Ombudsman in the past decade. It is not good enough that it is simply gathering dust on some Government shelf.

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