Ms Emily O'Reilly:

I fully agree. Over the years I have met individuals from many of the organisations to which the Deputy referred and I have pointed out at various conferences and seminars that I am virtually alone among ombudsmen in Europe in lacking jurisdiction in this area. We like to say that the Ombudsman balances out the power equation between the individual and the State. Few people are more vulnerable than those who come to this country seeking asylum. One organisation which attempts to look after the needs of people who are in direct provision showed me a complaint form which residents of a particular centre were given. Printed at the end of the form was a warning to the effect that an asylum seeker’s chances could be damaged if his or her complaint was found to be vexatious. I was absolutely horrified by this.

In previous years, when we attempted to have immigration, asylum and naturalisation included in our remit the Department refused to even entertain the idea. There is only so much that I can do. At present I am trying to balance the needs of all the other bodies. In some ways the frustration is personal but mainly my frustration is because it is absolutely wrong to be waiting 27 years for this amended Bill reach this stage. If it is further delayed because of attempts to put these areas under the remit of the Office of the Ombudsman in advance of the Minister’s Bill, I fear it will fall back into that black hole and the good that was served by including all the other bodies would come to naught. That is the dilemma we face.