Brian Hayes (Fine Gael)

Like some of my party colleagues, I met Mrs. O'Loan and I saw the operation of her office. I was impressed by the manner in which her inspectorate works. It is clear that Mrs. O'Loan cannot come to a determination on every single case. She relies on her investigating team of officers, many of whom are from other jurisdictions. I noted a number of people from the London Metropolitan Police, for example. I was impressed by the way in which Mrs. O'Loan's office can deal expeditiously with all the cases which come before it. I wonder whether the three-person model that has been proposed by the Minister for Justice, Equality and Law Reform will slow the commission's operation. A great deal of its effectiveness will depend on the personalities of the three people who will be selected to serve on the commission.

I would like to speak about amendment No. 76, which specifically relates to the role of the chairperson and the members of the proposed ombudsman commission. The relationship between them will be unequal. If two members of the commission cannot agree a decision on a case, the chairperson will be able to make the ultimate decision. I refer to a decision on whether to progress a case, for example. There will be an unequal relationship between the two commissioners, even if one of them is the chairperson. I am afraid that such a clash of personalities might not lead to the kind of quick and fair decision-making that we will demand in all cases. It will depend on the personalities of the people who are selected, as I have said. I ask the Government to rethink its position on that matter.

Amendment No. 101 relates to the section of the Bill that gives the proposed ombudsman commission the power to decide whether to progress a case to a full hearing, for example, or to make a decision at all. The members of An Bord Pleanála ultimately decide whether to accept or reject an appeal. Inspectors have frequently issued reports to An Bord Pleanála suggesting a certain course of action, but the members of An Bord Pleanála have decided to do something different. We have details about An Bord Pleanála's decision-making process because the public is entitled to such information.

Will we know, as we do in the case of An Bord Pleanála, whether the decisions of the three-person commission are in line with the recommendations of the inspectorate in each case? I have asked that question because I am keen to avoid public concern and anxiety if the inspectors, whose report will ultimately land on the commission's desk, are found to have recommended a certain course of action but the commission has done something entirely different. Such a course of action would be unfair to the complainant. Will it be possible to know in each case whether the inspectors' report has been adhered to by the commission, which will have the ultimate responsibility for making the decision? It is important that the commission should produce reports on a regular basis stating whether the recommendations of the inspectorate have been adhered to.

This entire matter would be much easier if just one ombudsman was making a decision. Not only would the public have a much clearer public personification of the role of the ombudsman, but it would just be much easier. There could be personality difficulties involving those who take up this challenge.