Terry Leyden (Fianna Fail)

Will the Minister examine the qualifications regarding membership. Section 58(6)(a) states: "A person is not eligible to be nominated or appointed under this section if he or she is entitled under the standing orders of either House of the Oireachtas to sit in that House." Will the Minister elaborate on that? Unless somebody is a convicted criminal, he or she can sit in these Houses. Everyone eligible to be appointed an ombudsman should be eligible to sit in these Houses if they are of good standing in the community. The section states: " ... is entitled under the standing orders of either House of the Oireachtas to sit in that House." Does that mean to be elected to that House, a candidate for this House or a former Member of this House? We need clarification on that issue.

The section also excludes a member of a local authority. Elected members of local authorities are in a difficult position in that if they are elected to a body they could be compromised if they have to make a decision on a particular complaint. It also excludes a member of the Garda Síochána. There is no such debarring order for a Minister for Justice, Equality and Law Reform being a former member of the Garda Síochána so why would they be deemed ineligible for this job when the Minister could have been a serving member of long standing of the Garda Síochána? There has been experience of that in this House, as the Minister is aware.