Brendan Howlin (Wexford, Labour) | Oireachtas source

The priority objective of the Ombudsman (Amendment) Act 2012 was to extend the Ombudsman's remit to a substantial number of new bodies which were not already subject to oversight by the Ombudsman, but whose administrative activities and decision-making impact on large numbers of people.  I adopted the approach of including a general provision of "reviewable agency" in the legislation where any public body that conformed to that definition came within the ambit of the Ombudsman, with exempt bodies listed individually in the Schedule to the legislation.

On that basis, the Ombudsman (Amendment) Act brought some 180 additional public bodies within the remit of the Ombudsman when it became law. This was the most significant extension of the Ombudsman's remit in 30 years. Obviously the Ombudsman's office has to be scaled up and supported to take on this very extensive new task.  Furthermore, any new body that conforms to the definition of "reviewable agency" will automatically become subject to review by the Ombudsman into the future. The Act also provides for the extension of the Ombudsman's remit by order to non-public bodies in receipt of significant funding from the Exchequer, where there is a clear public benefit in particular bodies being subject to review by the Ombudsman, in accordance with the commitment in the programme for Government. 

It became clear, following consultation with other Departments and with the Office of the Ombudsman, that it was not appropriate to bring certain public bodies within his remit.  On that basis, the Government decided that certain categories of bodies should not be included.  These categories, about which we have had a debate, include the commercial State bodies, economic sectoral regulators, research and advisory bodies with little or no public interaction.

As the Deputy may know, I am currently finalising arrangements for bringing privately-run nursing homes whose residents are in receipt of State funding or subvention within the Ombudsman's scope. I hope to be able to do so by the end of next month.  I have written to the Committee on Finance, Public Expenditure and Reform to ask that it might consider that and advise me.

My officials are also considering the steps necessary to extend the review by the Ombudsman to non-public bodies in receipt of significant public funding in line with the commitment in the programme for Government. If the Joint Committee on Finance, Public Expenditure and Reform or the Committee on Public Service Oversight and Petitions has any suggestion to make in this regard, I will happily entertain it.

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