Alice-Mary Higgins (Independent) | Oireachtas source

The area of gov.ieis one that might need work in terms of that argument. Mr. Deering mentioned that he will be focusing on information that will be public information. However, I believe that in his role as Ombudsman there is other information that he should or might need to have access to, including in regard to tendering and commercial sensitives. I am conscious that there are areas, for example, in regard to direct provision, where access to financial information might be important in terms of the Ombudsman properly exercising his role. Is Mr. Deering confident that as Ombudsman he will be sufficiently empowered to access that information, when it is relevant? That leads to a wider question on procurement. Mr. Deering mentioned public bodies. We know that the public duty on equality and human rights applies to procurement and to those who are delegated or given a contract to perform and deliver public services. As Ombudsman, Mr. Deering's access in those situations is really important. I ask him to elaborate on whether that right of access is sufficient. Does it need to be strengthened or is it about exercising it in a very strong way?

I mentioned direct provision. I want to highlight a particular area. Mr. Deering mentioned asylum seeking and that process. An issue that has been coming to my attention a lot recently, and in respect of which there have been a lot of publicised cases, is that of LGBT asylum seekers who are facing impossible burdens of proof. The UN High Commissioner for Refugees has rightly said that the expression of sexual identify is not homogenous. People are being told that because they did not attend a gay club in a country in which to be gay is a criminal offence they have not demonstrated their sexuality. That is a pattern. I ask Mr. Deering to comment on his role in, for example, those areas where we are seeing very poor practice not only for individuals but poor practice of support in terms of appropriate and inappropriate burden of proof. LGBT is one area that has come to the fore in that regard. I had many more issues I wanted to highlight, but that is probably enough for now.

I welcome that Mr. Deering will be working with those harder to reach groups. Prisons and homelessness services, as highlighted by Deputy Durkan, are areas where investigation can be really important because the power dynamics can be significant. I add my voice to the calls for greater resources to ensure that protected disclosures move rapidly through the Ombudsman's office. I concur with the concern expressed. I agree that the ministerial route should still be available because those are situations wherein when somebody has made a disclosure he or she is not in a neutral position after doing so. That person can be in a vulnerable position and so a delay in action is not simply a delay in the positive; it creates a negative potential space.