Dáil debates

Tuesday, 16 December 2014

Other Questions

Office of the Ombudsman Status

2:45 pm

Photo of Mary Lou McDonaldMary Lou McDonald (Dublin Central, Sinn Fein)
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91. To ask the Minister for Public Expenditure and Reform to set out his views on a proposal to constitutionalise the position of the Ombudsman made at a conference hosted by the Institute of Public Administration on 7 November 2014 which the Ombudsman attended and addressed. [47798/14]

Photo of Mary Lou McDonaldMary Lou McDonald (Dublin Central, Sinn Fein)
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My question refers to the position of the Ombudsman. As the Minister is aware, the Ombudsman had cause to make public comment recently in respect of Áras Attracta and more generally in respect of investigations into complaints in the relevant sector. He highlighted what seems to have been a lack of information flow from HIQA and the HSE to his office, thus preventing legitimate investigations. The question is more generally posited and refers to the idea of constitutionalising the role of the Ombudsman, a suggestion that comes from that office.

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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The Ombudsman has submitted to me a range of proposals for reforms to his office and how it operates. I have asked my Department to examine these matters and report to me after further consultation with the Ombudsman.

I listened with interest to the Ombudsman's speech at the IPA conference to celebrate the establishment of the Office of the Ombudsman 30 years ago, in which he set out the basis for some of these proposals, including the constitutional issue referred to in the Deputy's question.

The Deputy will note that under the Ombudsman (Amendment) Act 2012, which we piloted through the Houses in recent times, there was a significant expansion of the powers and remit of the Ombudsman. This represented the most substantial extension in over three decades in the powers of the Ombudsman and his remit, which will significantly enhance the accountability of public bodies to citizens.

As part of the review of the proposals, it will be important to examine the impact and effectiveness of the reforms to date and the progress made by the Office of the Ombudsman in implementing the new powers and fulfilling the expanded mandate given to him by the Oireachtas.

As the Deputy will be aware, the Government has already implemented a substantial programme of constitutional reform. Six referendums have been held since the Government took office. Five of these referendums arose directly from commitments in the programme for Government. The programme for Government has also committed to the establishment of the Constitutional Convention to examine a range of constitutional issues. In response to recommendations in the first three reports of the convention, we have announced that we will bring forward proposals for referendums on marriage equality, reducing the voting age to 16 years and reducing the eligibility age for candidates for President to 21 years. The Government announced that it would also bring forward proposals for a referendum on the removal from the Constitution of the offence of blasphemy. In July 2014, the Government agreed to hold a referendum on the ratification of the international agreement on a unified patent court and approved the drafting of the constitutional amendment Bill for the referendum.

A range of constitutional issues are at play and we should debate, perhaps in the House, how these can be sequenced in order that we can set priorities for what should be done without overwhelming the people in any proposals to amend what is a very precious document to most citizens.

Photo of Mary Lou McDonaldMary Lou McDonald (Dublin Central, Sinn Fein)
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I absolutely appreciate and agree with that. I note in the Minister's list of proposed amendments he did not mention the extension of the right to vote in the presidential election to citizens outside the jurisdiction.

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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I do not have the full list yet.

Photo of Mary Lou McDonaldMary Lou McDonald (Dublin Central, Sinn Fein)
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I am relieved to hear that it is on the list. I am not raising this with the Minister with an eye to asking him to fast-track it as the most important constitutional reform, but I believe it merits serious consideration, because the Office of the Ombudsman is essential from the citizens' point of view in terms of ensuring quality of service delivery, and, in some cases, periods of service delivery, as well as dealing with complaints and concerns as they arise.

The argument for making this a constitutional position is that it would serve to reinforce the independence of the office.

It would offer further reassurance to members of the public that their complaints would be dealt with on their merits. That is a fair assertion. It is a very interesting proposal and one that should be considered more deeply.

2:55 pm

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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I do not have a closed mind on that at all. There has been significant appreciation and regard for the work of the Office of the Ombudsman over its 30-year remit. We have been very lucky with the people selected by various Administrations over the past 30 years to hold the office and who have built public confidence therein.

The raft of additional bodies under the remit of the Ombudsman, including third-level educational institutions, education and training boards, the National Roads Authority, the fisheries board, the Courts Service of Ireland and many others I have not time to mention, will give it a lot of additional work. I am not sure that simply giving the office constitutional underpinning would strengthen public confidence in it. It already enjoys robust public confidence. However, I do not have a closed mind in considering that for the future.

Photo of Mary Lou McDonaldMary Lou McDonald (Dublin Central, Sinn Fein)
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The Minister would have heard the Ombudsman note in the same speech the fact that some companies — he instanced Irish Water — provide services that were once under his remit but no longer are. He cited all the networked services, including the post, electricity, gas, public transport and telecommunications services. He raised this as a really serious issue concerning public accountability. He also raised it, very fairly, as an issue concerning the assurance of quality of service, or the provision of a service at all for some sections of the population. He is arguing on the one hand for the underpinning of the position within the Constitution — we can debate whether that raises its status and whether it is desirable — and, on the other, for the expansion of the office's remit to encompass all those services that may be regarded as public services, even if provided by private providers.

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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I have actually discussed this issue with the Ombudsman, because he has very good ideas on it and I would like to develop these. I do not want to overwhelm the Office of the Ombudsman, because there is a raft of new bodies that have now come within its remit.

I heard the Ombudsman on the radio last week signalling his office's openness to claims of maladministration in regard to the circumstances in Áras Attracta. That was very welcome. The net point the Deputy makes on services being provided by commercial semi-state bodies that were formerly provided entirely by State bodies is one in respect of which I have listened to the views of the Ombudsman. There is something to be developed in that regard in the future.