Maurice Hayes (Independent)

I strongly support this amendment as it would strengthen the office and assist the ombudsman to do what is required. In the Lower House, the Minister spoke about patterns of behaviour and changes in culture that cried out for this. In my experience when I worked in an ombudsman's office without this power, it was desperate. I came up against issues that I knew needed to be investigated but unless someone made a complaint, they could not be touched. It was demeaning to the office for me to ask people to complain about matters.

In personnel areas, it is difficult for people to make complaints about bullying and sexual harassment. When I wrote the script of the Northern Irish police ombudsman, I thought it important that the post be given a power of initiative. While such a power should not be used indiscriminately, some ombudsmen overuse it. It needs to be hedged about. Senator Brian Hayes's formulation, "it appears desirable in the public interest", hedges it enough. One may find ways of requiring the ombudsman to define "the public interest". Indeed, if somebody in Army management did not agree with the proposal, there should surely be means of bringing it to the court to decide what is the public interest. It should be on grounds of public interest only and not for prurient curiosity or for a fishing expedition. The ombudsman should be forced, if necessary, to justify his or her allegation that it was in the public interest. This would, inevitably, strengthen the office of the ombudsman. It would be a much weaker office if the Minister did not allow this. I hope he can agree to the amendment.