Brian Cowen (Laois-Offaly, Fianna Fail)

The Department made it clear from the outset of the investigation, having consulted as normal with the Office of the Attorney General, that it could not accept that a number of areas of the proposed investigation came within the ambit of the Ombudsman Act 1980. In fact, the Ombudsman's report of 2001 on nursing homes subventions acknowledged that "the Ombudsman's jurisdiction relates to administrative actions only and does not encompass all of the elements which make up the wider governmental process". Similarly, the Ombudsman's remit does not cover the conduct of litigation by the State. These are the facts of the situation and it is clear, from the representations made to the Ombudsman and published today that the Minister has fundamental concerns about the manner in which the investigation was undertaken and the failure to follow fair procedures, as well as regarding the content, scope and language of the report. These issues will be considered carefully now that the final report has been published.

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