Seanad debates

Wednesday, 26 September 2012

Ombudsman (Amendment) Bill 2008: Second Stage

 

1:00 pm

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour) | Oireachtas source

-----by Parliament saying that we want to make the budget because the blunt view is that it is my job. One cannot have it both ways. One cannot say make Parliament responsible but, like good holy men of old, not yet. We need to be proactive.

I noted Senator Bradford's comment on working as if behind a pane of glass when I waited in the Visitors Gallery. He was right and many people said he made an interesting comment. To be blunt not everything in government can be done behind a pane of glass. We would not have reached our conclusions on Northern Ireland if everything had been done behind a pane of glass. There are necessary interactions. If people know that certain people are talking then negotiations would not happen. That must be understood and every company works like that. The principle behind the Senator's comment is right.

Senator Bradford also made an important point on the Lost at Sea report. Senator Ó Clochartaigh made an important intervention stating that the report might be an appropriate job for the Joint Committee on Public Service Oversight and Petitions. The Senator asked about the role of the committee. The measure is a new innovation in this Oireachtas. My initial hope and intention for the committee was predicated on a referendum being passed that would allow it to be a clearing house for investigations. I still intend to introduce legislation as soon as I can and hope to have the heads of a Bill before the Government in the next couple of weeks. They will relate to the framework of investigations that can be done that is consistent with the Constitution as is. I shall introduce it to this House as soon as I can. In the meanwhile there is an important job of work to be done by the committee. First, it must link into the Ombudsman and follow through on recommendations that have not had enough focus in the House. Second, it needs to replicate - it is a matter for itself how it structures it - the petitions committee in the European Parliament which takes direct petitions from citizens that is followed by a hearing. I am interested to see how our committee will develop that aspect.

There was a point made about having constitutional status for the Ombudsman but I have not considered the idea. Perhaps - thinking off the top of my head - it might be a suitable issue for the constitutional convention.

I have mentioned the commercial semi-State companies. A number of Senators also talked about the justice area in terms of prisons and decision-making bodies for asylum applications, etc., and I will reflect further on the matter between now and Committee Stage which is not far away. I assume - I do not want to presume - that this House will vote on the Bill. Since nobody has opposed it then are we due to take Committee Stage on 4 October?

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