Eugene Regan (Fine Gael)

This is one of the most serious issues that the Oireachtas has had to deal with. We have a scheme which was designed in a flawed manner by a former Minister, Deputy Fahey. The finding of the Ombudsman was that the lost at sea scheme was designed in a way that was contrary to fair and sound administration. It is quite a damning report, but she does not make a political finding. She deals with the compliant that was made by the Byrne family, but the matter was not politicised in her report. That is why I do not understand why the Government has been so reluctant to deal with this specific case and the specific issue addressed by the Ombudsman.

There has been a determination to avoid discussion of this matter even at an Oireachtas committee and to have the Ombudsman present her report. That is the purpose of the motion. The matter has to be examined in detail by an Oireachtas committee. There are fundamental questions that need to be answered, and the former Minister has serious questions to answer. Bertie Ahern's autobiography refers specifically to the then Minister, Deputy Fahey, and the lost at sea scheme. It was flawed and it was foisted on a Department that was very reluctant to introduce the scheme, but it was invariably brought into line. The scheme was introduced to facilitate specific people and criteria were adopted to suit specific people. The Ombudsman produced documentary evidence which showed personal writing such as "I want to licence these boats if we can do this". There are references to ring-fencing the scheme and confining it to certain individuals.

The finding of the Ombudsman was that this was maladministration. The Ombudsman Act 1980 states that the appointment of a person to be the Ombudsman shall be made by the President upon resolution passed by Dáil Éireann and Seanad Éireann recommending the appointment of the person. The very legislation shows the importance of this office and we should recognise the independence of the office. This matter should be discussed by the committee, and I hope the recommendations of the Ombudsman will be followed and that the modicum of compensation which she has recommended to the Byrne family is adhered to.

The importance of these Houses to show respect for the Office of the Ombudsman has been highlighted recently in the national media by a former Senator, Maurice Hayes. Having set up that office, he said that the least we can do is to respect it and the integrity of the office holder. To date, we have shown disrespect to that office. It is an important office to ensure there are safeguards in our democracy. Just like a free press and independent courts, we have an Ombudsman and this is best practice in Europe. The Oireachtas and the Government will be judged on how they deal with the recommendations of an excellent report by an excellent Ombudsman.