Seanad debates
Tuesday, 14 December 2004
Garda Síochána Bill 2004: Committee Stage (Resumed).
7:00 pm
Maurice Hayes (Independent)
This makes my blood run cold and it would be almost unworkable. The entire point of the ombudsman system is to provide a less formal means than that available in a court in order to deal with particular situations. Once the idea of representation for any group is imported, every other group will seek equal representation. It is not only the cost involved about which I am concerned. Allowing representation would have a dramatic impact and would probably bring the system to a grinding halt.
The procedure we always used was that a person could bring a friend with them. That person was often a trade union representative or perhaps a solicitor but he or she would have been present in a personal capacity. I know of no ombudsman system anywhere in the world that admits of legal representation in that way. If people think that an ombudsman is exceeding his or her powers or has not given proper consideration to a complaint, he or she may be the subject of a review. However, that is a different matter. Allowing legal representation would hideously complicate the workings of the Act.
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