Kathleen O'Meara (Labour)

Senator Hayes's amendment is extremely important. At the heart of it is a very fundamental point which relates to the previous amendment regarding the nomination and appointment of the ombudsman, namely, the power of the Government regarding appointments, how that would impact on the office and on how it is seen. This paragraph gives the Government and future Governments power to re-appoint one person again and again. While that person may be very good at the job, we have established the principle, for instance, with regard to departmental Secretaries General, that it is not a job for life. That was established in the strategic management initiative. It also applies to county managers and, I am sure, to other posts that do not come to mind at the moment.

The principle is a very important one and should be reflected in the legislation. This section of the legislation gives this and future Governments carte blanche to re-appoint the same person over and over again, which is inconsistent with the thinking of the past number of years. In terms of how the position is viewed by those using it, it is important that it be seen to be as independent and as effective as possible. We need to be very careful as to the powers we give this and subsequent Governments regarding this role. In that regard, I ask the Minister to carefully consider Senator Hayes's amendment and to accept it.