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

4:45 pm

Photo of Willie PenroseWillie Penrose (Longford-Westmeath, Labour) | Oireachtas source

On the basis that Mr. TyndalI will be elevated to this important position, I extend a sincere welcome to him and wish him well in his challenging role ahead. It will certainly be challenge in the context of the significant extension of the office’s remit.

Mr. Tyndall has indicated that the role of information commissioner was not delegated to him as Welsh Public Services Ombudsman. Our recent legislation extension in this jurisdiction makes it challenging. Mr. Tyndall is unflinchingly committed to the maximum openness and transparency and one would anticipate and expect that. He makes proposals about vulnerable individuals, which are understandable. Recently I read that he proposed that there would be some restrictive interpretation of what could be published and that might relate to what he has said here about not disclosing information about vulnerable individuals. This may have to be addressed by his successor. I saw some possibly adverse comment on that. Like us, something Mr. Tyndall says may be interpreted in different ways. Could he clarify his position on that?

I am particularly interested that in his current post Mr. Tyndall has developed an Ombudsman's casebook. This is extremely important and I hope to see it here. It is a significant reference source which, if set out in comprehensive detail, could be a significant help to individuals, organisations, statutory bodies or public representatives in achieving a resolution of the bigger issue at stake without having recourse to the full ambit of the Ombudsman. If a precedent has been set it can be interpreted and this could lessen the Ombudsman's load. This is just a suggestion. The casebook of the Ombudsman should be documented in a very accessible form. The last thing we want is a does of legalese, which would probably create more problems for the Ombudsman and everybody else. One of the major problems we have with our legislation is the antiquity of legal-speak which often deters people from achieving their rights rather than helping them. We may have reports, but I look forward to that quarterly casebook model being implemented. It could be very instrumental, innovative and helpful.

Would the model complaint policy which Mr. Tyndall spoke about apply right across the bodies or would it be a common complaints outline? Would that be the framework Mr. Tyndall would take up with each of the bodies to which it would pertain and which fall within his remit? The standardisation of complaint procedures and policy could be very helpful to all the stakeholders involved, including public representatives who might be faced with the dilemma of trying to formulate a complaint on behalf of some allegedly aggrieved constituent. I wish Mr. Tyndall well.

Comments

No comments

Log in or join to post a public comment.