John Carty (Fianna Fail)

I would like to share time with Senator O'Sullivan.

I welcome the Minister of State, Deputy Connick, on his first visit to the Seanad since his appointment as Minister of State with responsibility for fisheries and forestry issues. I congratulate him on his appointment and wish him well in his term of office. He has certainly hit the ground running since his appointment one week ago. I particularly welcome his undertaking, when meeting the new European Commissioner for Fisheries and Maritime Affairs, that his objective in the reform of the Common Fisheries Policy would be "to protect the national fish quotas as a public resource to be used for the benefit of our family-owned fleet and to support our coastal communities."

I also congratulate Deputy Killeen on his appointment as Minister for Defence. He was always very effective as a Minister of State, in which capacity he attended the House on many occasions. He was always courteous and constructive and I am sure he will soon return to the House in his new capacity.

The Office of the Ombudsman is an important statutory office which since its establishment has contributed significantly to our system of public administration. In the vast majority of cases the Ombudsman's recommendations are accepted by the relevant public bodies, which is as it should be. That, in itself, is a measure of the esteem in which the office is held and the support for it, contrary to what the previous speaker said.

As the two Ministers, Deputies Killeen and Connick, said, it is clear that the Ombudsman has undertaken a detailed, forensic examination of the complaint made by Mr. Byrne. She is to be commended for the time and effort put into compiling the report. I extend my sympathy to the Byrne family on their great personal loss. I did so also when the issue was discussed previously in the House.

As the Ombudsman acknowledged in her special report, the Department of Agriculture, Fisheries and Food is free in law to reject her recommendation. The Department which assumed responsibility for fisheries in October 2007 believes there is no basis for proceeding to pay, as the scheme's conditions were not met. It is also concerned that such a payment would create a precedent for its schemes and those of other Departments and Offices. That is its right and its right to take that position is accepted by the Ombudsman.

Notwithstanding the particularly tragic circumstances surrounding the case, as public representatives, we cannot ignore the legitimate concerns of the Department, as expressed by the two Ministers, that the Ombudsman's recommendation in this case could give rise to major financial liabilities arising from claims from other unsuccessful applicants under the lost at sea scheme. Not only can we not ignore such concerns, but it would also be irresponsible of us to do so. I share the Minister's concern that it is difficult to accept the Ombudsman's contention that her recommendation in this case has no implications for other unsuccessful candidates.

It is clear that neither the Minister nor the Department has taken lightly the Ombudsman's recommendation in this case. There was considerable engagement between the Ombudsman's office and the Department before the latter took the position it did. Clearly and properly, the Department took considered legal advice which, as the Minister of State has pointed out, contends that "it is inevitable that the Ombudsman's recommendation in relation to monetary payment may result in other unsuccessful applications for this scheme looking for the same consideration". We are all only too aware of the pressure on the public finances and there are areas of public policy for which we would all like to see additional funding.

It has been said here that the Government blocked this, but the Taoiseach told the Dáil that the matter could be debated in both Houses and also go before the relevant committee. However, it is up to us to decide and take that into consideration. As Senator Bradford outlined in his recommendations, the Joint Committee on Agriculture, Fisheries and Food, of which I am also a member, has agreed to reconsider the matter and an invitation has been issued to the Ombudsman to attend the committee to discuss it.