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Seanad: Ombudsman (Amendment) Bill 2008: Committee Stage (Resumed) and Remaining Stages (17 Oct 2012)

Brendan Howlin: I thank Senators for the contributions. On the suggestion that recommendations of the Ombudsman should have statutory effect and should be binding, that is something the Department has discussed with the Ombudsman and it is her view that they should not be. There is an excellent record of compliance with the Ombudsman's recommendations. I understand that since the Ombudsman's office was...

Seanad: Ombudsman (Amendment) Bill 2008: Committee Stage (Resumed) and Remaining Stages (17 Oct 2012)

Brendan Howlin: As is my normal style, I will address the issue directly. First, the Senator puts the position of the Ombudsman very fairly. We have had dialogue and in our discussions and communications, she would prefer to have every public body under her remit. This is groundbreaking legislation and the Ombudsman is very supportive of it and wants it to be enacted. It encompasses a huge swathe of new...

Seanad: Ombudsman (Amendment) Bill 2008: Committee Stage (Resumed) and Remaining Stages (17 Oct 2012)

Brendan Howlin: Judge Reilly is a superb inspector. His perseverance ensured that this report was made and that these shocking wrongdoings were brought into the public light of day. As I explained, the Minister for Justice and Equality intends having a much more robust inspectorate system. As I also listened to "Morning Ireland" with shock this morning, I rang him immediately to discuss this particular...

Seanad: Ombudsman (Amendment) Bill 2008: Committee Stage (Resumed) and Remaining Stages (17 Oct 2012)

Brendan Howlin: There will be.

Seanad: Ombudsman (Amendment) Bill 2008: Committee Stage (Resumed) and Remaining Stages (17 Oct 2012)

Brendan Howlin: Does the Senator not consider Judge Reilly to be independent?

Seanad: Ombudsman (Amendment) Bill 2008: Committee Stage (Resumed) and Remaining Stages (17 Oct 2012)

Brendan Howlin: The Senator is obviously passionate but he is undermining his own case. He is quoting from the inspector's report which highlights the things he claims are being suppressed. The report and the actions of the Office of the inspector of prisons have ventilated the problems. The system is working. It will be strengthened and it will be put on a structured, statutory basis with timelines such...

Seanad: Ombudsman (Amendment) Bill 2008: Committee Stage (Resumed) and Remaining Stages (17 Oct 2012)

Brendan Howlin: That particular prison is under the purview of the appropriate ombudsman, the Ombudsman for Children. That is not affected in any way by what Senator Ó Clochartaigh is proposing.

Seanad: Ombudsman (Amendment) Bill 2008: Committee Stage (Resumed) and Remaining Stages (17 Oct 2012)

Brendan Howlin: These are technical amendments which simply update the lettering on a number of paragraphs, as amended, so that (e) becomes (d), (g) becomes (f), (h) becomes (g) and (e) becomes (d).

Seanad: Ombudsman (Amendment) Bill 2008: Committee Stage (Resumed) and Remaining Stages (17 Oct 2012)

Brendan Howlin: I am substituting amendment No. 21, as submitted to Committee Stage on 4 October, to make a technical amendment to update the lettering of paragraphs (f) and (e) in the amended section 5 of the principal Act. The paragraph itself is a technical amendment which provides that the Ombudsman shall not investigate an action taken before the date on which a public body became subject to the...

Seanad: Ombudsman (Amendment) Bill 2008: Committee Stage (Resumed) and Remaining Stages (17 Oct 2012)

Brendan Howlin: I try not to wear partisan political hats when I come before this House as a member of the Government but we already had the debate on this very net point today. I do not know whether the Senator was present an hour ago and that is ---

Seanad: Ombudsman (Amendment) Bill 2008: Committee Stage (Resumed) and Remaining Stages (17 Oct 2012)

Brendan Howlin: I explained exactly the view in relation to that, which was that we looked at the idea of having the Ombudsman's recommendations made mandatory but when we engaged on that basis, before I brought this Bill to the House, the Ombudsman's view was that it should not be done. I have explained that to the House. The view put forward was that there have been only two occasions, since the...

Seanad: Ombudsman (Amendment) Bill 2008: Committee Stage (Resumed) and Remaining Stages (17 Oct 2012)

Brendan Howlin: Issues of legal interpretation may arise from time to time in an investigation carried out by the Ombudsman. This section will allow the Ombudsman to refer a question of law arising in an investigation to the High Court for determination. The amendment provides that any such determination of the High Court is subject to the normal avenues of appeal to the Supreme Court, in line with Article...

Seanad: Ombudsman (Amendment) Bill 2008: Committee Stage (Resumed) and Remaining Stages (17 Oct 2012)

Brendan Howlin: Tá a fhios agam go maith céard a dúirt mo chara, an iar Aire Gaeltachta, Michael D. Higgins, anois Uachtarán na HÉireann. Tá a fhios agam go maith freisin céard atá ar intinn ag an Seanadóir ó thaobh na Gaeilge agus muintir na Gaeltachta de. Tá stádas ag an teanga agus an Ghaeilge agus tá meas mór ag an Rialtas ar an Ghaeilge. Tá sin soiléir ón méid adúirt an Aire...

Seanad: Ombudsman (Amendment) Bill 2008: Committee Stage (Resumed) and Remaining Stages (17 Oct 2012)

Brendan Howlin: I appreciate Senators' comments. Tá sé ar chumas mórán de na daoine atá ag obair in Oifig an Ombudsman an Ghaeilge a úsáid. Any complaint or written correspondence will be dealt with as Gaeilge if the complainant so wishes. The Ombudsman is anxious for me to clearly state such a facility is available and that her office is fully compliant with the Official Languages Act.

Seanad: Ombudsman (Amendment) Bill 2008: Committee Stage (Resumed) and Remaining Stages (17 Oct 2012)

Brendan Howlin: Ó Oifig an Ombudsman féin? An bhfuil tuairisc faoi leith ag an Seanadóir a bhaineann leis an Ghaeilge agus úsáid na Gaeilge?

Seanad: Ombudsman (Amendment) Bill 2008: Committee Stage (Resumed) and Remaining Stages (17 Oct 2012)

Brendan Howlin: Tá gearáin faoi leith ag an tSeanadóir mar gheall ar dhaoine-----

Seanad: Ombudsman (Amendment) Bill 2008: Committee Stage (Resumed) and Remaining Stages (17 Oct 2012)

Brendan Howlin: An bhfuil an Seanadóir ag díriú ar an mBille atá á phlé ag an Teach?

Seanad: Ombudsman (Amendment) Bill 2008: Committee Stage (Resumed) and Remaining Stages (17 Oct 2012)

Brendan Howlin: Tá a fhios mhaith ag an tSeanadóir nach bhfuil sé ar mo chumas-sa, mar Aire, nó ar chumas mo Roinne ordú a thabhairt do aon duine gan cloí le hAcht an Oireachtais.

Seanad: Ombudsman (Amendment) Bill 2008: Committee Stage (Resumed) and Remaining Stages (17 Oct 2012)

Brendan Howlin: These amendments provide for the amendment of the Public Service Management (Recruitment and Appointments) Act 2004 and the merger of the Office of the Commission for Public Service Appointments and the Office of the Ombudsman. The merger is the subject of a recommendation made in the McCarthy report and should lead to greater flexibility in the deployment of staff and administrative...

Seanad: Ombudsman (Amendment) Bill 2008: Committee Stage (Resumed) and Remaining Stages (17 Oct 2012)

Brendan Howlin: The Senator makes a fair point. There is a common back office support system in place and the suggestion is it could serve more than one function. The functions of each will be as defined in the parent Acts, but there will be a common support base.

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