Brendan Howlin (Wexford, Labour) | Oireachtas source

I do not think so. I have taken great care in dealing with the issue. This is an area in which I have an open mind. The Deputy is correct. It may well be appropriate to include it within the remit of the Ombudsman. I have engaged with every Minister on the extension of the Ombudsman's remit. This is the biggest extension of the Ombudsman's remit taken since 1970 when the office was created. We are adding 140 bodies. I am working closely with the Ombudsman on all of these matters, so much so that she has assigned a member of her staff to work with me in the preparation of the legislation, on which we are working hand in glove. The Bill is before the Seanad and we will have an opportunity to debate the two issues to which the Deputy referred when the Bill is brought to this House. In this narrow area I propose to put in place a proper statutory complaints procedure which has been sought repeatedly by the Inspector of Prisons and Places of Detention. When we see it, we might need to have another port of call in the Ombudsman. However, we should first examine how such a statute would work. Significant and fundamental reform is under way in the immigration and naturalisation service. Let us see how it beds down. At a later stage it might be appropriate to extend the Ombudsman's remit to include it.

I wish to make two important points in response to the Deputy. The Ombudsman (Amendment) Bill which is before the Seanad is an important part of the reform agenda I am driving. It will place a major demand on the Ombudsman and we are discussing how this need can be met. Not only does it involve a considerable extension in the number of bodies within the remit of the Ombudsman from 35 to approximately 180, we also intend to provide for automaticity in respect of any new body created. Instead of having a requirement for a statutory provision to include a body, the only ones excluded will be the ones specified in the excluded category. Every other body will be automatically included.

I intend to give a role to the Public Service Oversight and Petitions Committee of the House, which is chaired by a colleague of the Deputy and who is a very fine Chairman, in determining who should be included within the remit of the Ombudsman. Its members could well be the ones who will make a judgment call. I will be minded to listen attentively to their decisions once we have the new regime in place.

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