Brian Lenihan Jnr (Dublin West, Fianna Fail)

I do not share Deputy Ó Caoláin's fears because I referred to the phrase "the conduct complained of" in ease of the jurisdiction of the ombudsman, not in restriction of it. We are debating a restriction on access to the ombudsman and a provision that a consumer cannot make a complaint if the conduct complained of is or has been the subject of legal proceedings before a court or tribunal. Legal proceedings are proceedings in an individual sense. Any legal proceeding bears a record number and has a distinct party and clearly, therefore, the conduct complained of takes its colour in the Bill from that expression — it must relate to particular parties. The conduct complained of must be individuated to the particular legal cases involved.

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