Seanad debates

Wednesday, 26 September 2012

Ombudsman (Amendment) Bill 2008: Second Stage

 

12:30 pm

Photo of Trevor Ó ClochartaighTrevor Ó Clochartaigh (Sinn Fein) | Oireachtas source

Cuirim céad fáilte roimh an Aire agus ba mhaith liom tréaslú leis as ucht an Bhille a thabhairt os comhair an Tí agus as ucht bunú an coiste nua formhaoirsiú seirbhíse poiblí agus iniúcháin, mar sílim gur céim an-tábhachtach é sin. Táim féin ag suí ar an gcoiste sin agus tuigtear dom gur ag an gcoiste sin a bheidh cuid mhaith den phlé á dhéanamh ar an mBille áirithe seo. Maidir leis an mBille, tá sé píosa fada ag teacht. Is dóigh gur fearr go deireanach ná go brách, ach is maith ann é. Ó thaobh na díospóireachta maidir le ainm an Ombudsman, feicim go bhfuil leagan deas Gaeilge le fáil don ainm sin in úsáid ó am go chéile - Fear an Phobail nó Bean an Phobail. B'fhéidir go mbeadh muid in ann breathnú ar sin.

Sinn Féin is supportive of the Bill's intention to extend the remit of the Ombudsman to include a wider range of public bodies and believes, generally speaking, this is welcome. As was said, this is the first major expansion of the office's remit in its 24-year history. Previously, it covered bodies such as the Civil Service, the HSE and An Post and this Bill will extend its remit to more than 100 additional State agencies, including the Courts Service, VECs, third level institutions, FÁS, the Irish Blood Transfusion Service and several other bodies.

Since the creation of the office, where previously many of the key functions had been the responsibility of Departments, numerous public bodies have since been set up to deliver services and for particular purposes. There is good and bad in this. Whatever about that, clearly the scope of the Ombudsman needs to be expanded to take account of that and to have remit over such bodies.

The Bill also provides for increased powers for the Ombudsman which we welcome. For example, where the requirement on a public body to provide information for the Ombudsman about a complaint is not being met, the Ombudsman can institute legal proceedings. However, we have some concerns and we will consider amendments on Committee Stage to that end.

I also note that we have some queries as to the timing of the legislation. To some extent, it may be putting the cart before the horse. The Minister is currently actively considering the modernisation of the Ombudsman legislation as a whole. We are not opposed to widening the scope of the Ombudsman's office but surely it would be preferable to instigate the modernisation programme first and that the widening of the scope could follow on from that. Perhaps the Minister might comment on that.

I note the Minister does not have a heavy legislative programme in comparison with some of his Cabinet colleagues-----

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