Brian Hayes (Fine Gael)

I move amendment No. 2:

In page 5, subsection (5), to delete from and including "such" in line 10, down to an including "exceed" in line 11.

Amendments Nos. 2 and 3 relate to the appointment of the ombudsman. The purpose of amendment No. 2 is to ensure the ombudsman is appointed for a fixed term, not for a shorter term for political expediency or as a damage limitation exercise. In the case of legislation dealing with other ombudsmen, such as in the Ombudsman for Children Act 2002, in the proposed Garda Bill, or in the original Ombudsman Act 1980, to which the Minister referred in his earlier reply, it is quite clear that a specific term is provided for, usually seven years, and then a person can be re-appointed for a second seven-year term. Our intention in amendment No. 2 is that the term should be for seven years and the Government should not be entitled to truncate that to four or five years. That would be wrong and should be changed.

Regarding amendment No. 3, we do not believe it would be beneficial to an appointee to be entitled to hold office beyond a second term. This is an important point. In the case of any high level appointment where Presidential approval is sought, it is important to state that the maximum in existing legislation is two seven-year terms. Section 2(5) of the Bill states, "and such person may be eligible for re-appointment to the office for a second or subsequent term." This deviates from the existing legislative base for all of the ombudsmen we have put in place. Fourteen years in such a position is enough for anyone. Even for the purpose of pension entitlement for high office holders, 14 years is the maximum for the President of Ireland and for the existing ombudsmen. We need consistency. It would not be good if somebody were to hold a job for 21 years but the legislation, as drafted, allows for that.

Perhaps the Minister would clarify the Government's intentions. Is it intended that the term of an appointment will be seven years, as we believe it should be, and that the maximum duration of an appointment will be two terms amounting to 14 years? There should be consistency. That is the intention in tabling amendments Nos. 2 and 3.