Kathleen O'Meara (Labour)

I move amendment No. 1:

In page 3, line 35, after "section 6" to insert "and where appropriate reference to a matter investigated being the subject of a complaint shall include a reference to a matter investigated by the Ombudsman on his or her own initiative in the public interest".

I tabled amendments Nos. 1 and 5 in the name of the Labour Party. They relate to the lengthy debate on Committee Stage which, the Minister will recall, centred on the issue of the public interest and whether in this legislation we should give the ombudsman the power to initiate an investigation where a complaint has not been made. Senator Maurice Hayes, among others, strongly supported the notion of the ombudsman having the power to initiate investigations and to be proactive.

I will not take up the time of the House rehearsing the arguments but it occurred to me that the spirit of the legislation would facilitate this type of amendment. We are trying to achieve a situation in which members of the Defence Forces have confidence in the ombudsman. It is also important that the public has confidence in the office and the role of the ombudsman. A situation could arise, for example, where something was happening within the Defence Forces concerning which a complaint would not be made, for reasons of fear or whatever, and neither would it be spoken about in public. Perhaps a whistleblower might alert the media anonymously, a situation that is not unusual. This has happened in other instances and could well occur again. RTE might broadcast a "Prime Time" documentary on the issue about which there could be significant public concern. Members in both Houses of the Oireachtas would call for an investigation, yet the ombudsman could not investigate because a complaint had not been made from within the Defence Forces, despite it being an issue of great public interest. We should by now have enough experience of tribunals of inquiry to realise that there are certain mechanisms which are important and useful. In setting up an office such as this we should ensure we do not leave out important matters.

I do not intend to create a situation where the ombudsman for the Defence Forces would have an all-encompassing role and that there would be no limitations or boundaries within which he or she might operate. My intention in these amendments is to ensure that the ombudsman has public confidence as well as the confidence of the Defence Forces. I also want to ensure that the office is not limited or constrained in carrying out an investigation where a complaint does not arise. It is clear from the debate on Committee Stage that there could be a matter of public interest where a complaint was not made and on which the ombudsman should, nevertheless, investigate and report.