Joe O'Toole (Independent)

I am glad to have the opportunity to discuss the first report of the new Ombudsman, Ms Emily O'Reilly, who does justice to her office in the report. I welcomed her appointment and, on reading the report, I believe that welcome was justified. I welcome also the clarity and openness of the report but perhaps the most positive reflection on the work of the Ombudsman is, strangely, the fact that from 1994 to 2004, the number of complaints dropped by approximately 10% despite an increase in the population and a more demanding population in general. That is important and it reflects very well on the positive impact of her work on other areas.

I want to underline a point that we might be inclined to miss but which was touched on by Senator Daly. The fact that the Ombudsman gives so much space in her report to the administrative streamlining of the operation of her own office is welcome, praiseworthy and is something we should reflect on. It might be a role model for many of us.

Senator Mansergh and I, as members of the Houses of the Oireachtas Commission, will certainly be looking closely at that, since those are the kinds of developments that are important in increasing the efficiency of any type of operation. I welcome what she has done. I am appalled but not surprised that for four years in a row the Department of Education and Science has headed the section 7 list as the most culpable Department in the State for the non-availability of information. When one thinks back on discussions we have had here on various aspects of its work, the fact that three speakers today have mentioned Tom Sweeney being on hunger strike outside the gate, and the difficulties that the redress board and others have had in getting information from the Department, it rings a bell somewhere. It is so difficult to access information from the Department that the Ombudsman has had to issue section 7 notices against it.

I notice also, in her tuarascáil, go ndéanann an tOmbudsman tagairt do fhostú Sheáin Ó Cuirreáin mar choimisinéir don Ghaeilge. Sa méid atá scríofa aici, tá sé soiléir go bhfuil sé cosúil go mbeidh an-mheadú ar fad ar na gearáin ag teacht chuici as ucht an Acht teanga a reachtáladh le déanaí. Ní thuigim é seo go soiléir: ós rud é go gcuireann an tAcht teanga dualgas ar dhaoine, ghrúpaí agus institiúidí eagsúla rudaí áirithe a dhéanamh agus go bhfuil plé leis sin ag an Ombudsman, conas is féidir leis an Ombudsman cur i bhfeidhm a dhéanamh ar an méid atá ag teastáil tríd an Acht when she says herself on the first page that her work is done? It is a marvellous quotation:

Where some form of redress is merited my Office relies on persuasion, criticism, publicity and moral authority to have its recommendations implemented.

That is a mighty reflection of the positive development of the office. There was a significant debate when establishing the office of the Ombudsman concerning whether to give the office holder legal powers of compulsion. That is an issue to which Senator Maurice Hayes, a former distinguished Ombudsman himself, has made reference on occasion. It shows how effective it can be without having legal compulsion. I remember discussing it at the time and thinking that perhaps such powers should ultimately exist.

It is also important to recognise that the legislation includes the power to allow the Ombudsman to make a specific report to the Oireachtas on various matters. That is something that her predecessor did early last year. It is extremely important the Ombudsman has the independence and authority to do that. I compliment her and her predecessors on doing their job so well on the basis of moral authority, criticism, publicity and persuasion; we can all learn something from that.

I wish she had more impact on the Department of Education and Science. It was impossible to go through all the cases in detail, but I read the one concerning school transport. Why is it that a family coping with all the difficulties and distress that arise from having a child with learning difficulties, finding a place and getting the child to where that service of education, support or therapy is being delivered, must get into a big, long row with the Department of Education and Science to get something that they were entitled to all along? They did not know their precise rights. People often ask why public representatives waste their time doing things for people when it is their right in any case. This is a classic example of where the parents of a child with learning difficulties had an entitlement and did not know the precise manner in which to phrase, frame, contextualise and appeal. Were it not for the intervention of the Ombudsman, those people would have been out of pocket to the tune of €10,000. I have forgotten the exact figure, but it was very high. We public representatives all deal to some extent with casework, and we must certainly welcome the existence of the Ombudsman.

It is also important that politicians are never tempted, as we sometimes are, to try to second-guess the Ombudsman. It is the court of final appeal unless the Ombudsman decides to come to us. Since the Act allows for the Ombudsman to come to the Oireachtas should she wish to do so by way of special report, that is the basis on which we should deal with any cases. It would certainly be unfair for individual politicians to try to second-guess the Ombudsman.

I would like to think the Ombudsman might have some impact on cases such as that outside the gate, about which I am concerned. All of us who have spoken to the man are concerned about the issue. It is not precisely the sort of issue that comes within the authority or discretion of the Ombudsman, and I do not know what the answer is in that case.

In welcoming the Minister, I mentioned the Irish language commissioner. If not in his reply to the debate, perhaps the Minister might come back to me on it at some stage. The Irish language commissioner has a specific function. The Ombudsman also has a function under the legislation. However, does the fact that she does not have the power of legal compulsion as such not create some gap in ensuring the Official Languages (Equality) Act 2003 is fully implemented? I also welcome her co-operation with Seán Ó Cuirreáin, an duine a fostaíodh mar choimisinéir don Ghaeilge. Is duine den scoth é, agus táimid cinnte go ndéanfaidh séjab an-mhaith ar fad. Táim ag súil leis anchéad tuarascáil a thiocfaidh ó Sheán amach anseo.

Idir an dá linn, I welcome the report and would like the House to offer its congratulations to the Ombudsman on what her staff, her office and she are doing and the openness with which she approaches her job. The report is a role model and an example of best practice.