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

4:55 pm

Photo of Billy TimminsBilly Timmins (Wicklow, Independent) | Oireachtas source

I wish Mr. Tyndall the best of luck. I listened to his presentation. His predecessor, Ms Emily O'Reilly, stated in her writings that the concept of the Whip system in Ireland "dilutes the ability of Parliament to hold the Executive to account." Our Constitution talks about the Dáil holding the Executive to account, but in effect it does not. Having come from another jurisdiction where it is probably a little more lax, does Mr. Tyndall have a view on that? Maybe he does not want to pass comment on it.

There is a conflict between the roles of the Ombudsman and the Data Protection Commissioner. Much Irish politics is very localised, as it is in most countries. If a constituent comes to me who has been on a housing list but does not receive a house to which he or she feels entitled when somebody else does, I, as a public representative cannot ascertain the information. Before our Data Protection Act was passed I could have got some information but now I cannot find out anything. If I made a representation for an individual I am told whether he or she received it but I cannot find out anything more. In Mr. Tyndall's role as Ombudsman could he examine the Data Protection Act and its implementation? While I do not question the good intentions of the Data Protection Commissioner, the spirit of the Act is not being upheld in many cases.

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