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

4:25 pm

Mr. Peter Tyndall:

I am used to working in a bilingual office and I am a Welsh learner. My Irish is rusty. I worked closely with the Welsh language commissioner. In Wales, the children's commissioner and older people's commissioner and myself worked closely together. As chair of the Ombudsman Association of Britain and Ireland, I facilitated meetings of the Irish ombudsmen and I know my colleague ombudsmen in Ireland. Obviously, I would welcome the opportunity to work with them.

Wales is a fully bilingual country, particularly in terms of public administration. I am very familiar with it. When a complaint arrives in Welsh, it is investigated in Welsh, the report is in Welsh, etc. My Welsh is good enough for me to stay on top of it. I would need some help with some of the more technical language, but there we are. I have to say my Irish is incredibly rusty, but it was reasonably good. My difficulty is that when I attempt a sentence in Irish, a sentence in Welsh comes to mind, but that will change.

It is important that people should be able to use the language of their choice. I have noticed that there are particular issues when it comes to matters such as speech therapy or services for persons with mental health problems, where having access to services in one's first language becomes very significant. I understand these issues well.

I do not know where progress is on the issue of the combination of the offices but I understand that when the arrangements were proposed it would not mean that the commissioner's role would disappear but that it would be in a sense within a wider office dealing with other issues and complaints. Obviously, if that continues, I would want to look very closely at it. However, having worked in a bilingual country, I am fully committed to and supportive of the principle of enabling people to continue to use both of their languages and will look forward to working with An Comisinéir Teanga.

The issue of remits is a more complex one because I am conscious there has been a lengthy and detailed debate about it. Sitting in a context where one looks internationally, Ireland falls towards the middle of the spectrum of where the remit falls. Some of the more traditional ombudsmen from countries like those, for instance, in Scandinavia, have a broader remit that includes matters such as the courts, etc. I do not think there ever will be any suggestion of moving to that end of the spectrum. However, issues about remit are always important.

I have been looking at where many people in Wales fund their own social care and, therefore, have an entirely private contractual arrangement. I have got agreement from government to extend the jurisdiction to include people in those entirely private settings because those in the room next door who are being publicly funded are within remit, and it is just nonsense. Keeping remit under review is one of the tasks of an Ombudsman and there will be issues always.

There are other redress mechanisms. Whatever happens in areas that are very important to people's lives, there should be independent and objective consideration and access to redress. I do not think there is ever a time when the question of remit is settled. Public services change, people's problems change and one needs to be aware of what the opportunities are and where the gaps are.