Jan O'Sullivan (Limerick East, Labour)

This error was identified by my colleague Senator Ryan in the Seanad. While it was described as a drafting error, as the Senator said it is quite a significant error. To regard it as a drafting error may be an oversimplification. If the error had not been spotted the section would have read: "Where, following an investigation under this Act into an action, it appears to the Ombudsman that the action adversely affected a person by or on whose behalf an application was made". This would mean that a person could be excluded from coverage under the Ombudsman Act.

During our debate on this section, I was particularly concerned that we did not have absolute clarity that the education finance board would be covered under the Ombudsman Act. The Minister who was here for the debate said it would be more appropriate to do this under the Ombudsman Act rather than in this Bill. That the Bill was passed by this House and the drafting error was only spotted in the Seanad indicates that much confusion exists as to whether the board will be clearly covered under the Ombudsman Act. I would like an absolute assurance from the Minister of State that this is the case.

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