Sean Barrett (Independent) | Oireachtas source

I thank the House. I strongly welcome the Bill. It is a part of a reform agenda that must be implemented as quickly as possible. Other issues have diverted us, but this is an important matter. Mildly put, Sir Humphrey is not a natural democratic. We must devise institutions to make him explain what he is doing and why.

I join other Senators in paying tribute to the previous holders of the post. I welcome the extension of its functions. The first holder, Mr. Michael Mills, learned his skills in the House, thereby disproving the quote cited by President Kennedy: "Leinster House does not inspire the brightest ideas". The man who wrote it, Lord Edward FitzGerald, was in Carton House, which he preferred. I am glad that the Minister and his colleagues also took that step recently.

Senator Bacik queried the exemption of the HEA. It should be reconsidered. The first reference of the HEA to the Ombudsman will come from a certain Mr. R. Quinn of Sandymount, Dublin 4, who has something to say about how it performs its duties.

While I was a junior dean at Trinity College Dublin a long time ago, disputes between students and the college were appealable to Chancellor Mary Robinson, who subsequently became the Irish President, and Mr. Justice Henry Barron. This system ensured that we took our decisions seriously. The use of checks and balances improves the manner in which people conduct their business. Our society has needed checks, balances and scrutiny in the period since the Bill was first drafted.

I draw the attention of the House to the exemption list. The first body listed is Anglo Irish Bank. I do not know what was happening in 2008, but I cannot imagine an institution that has done more damage to this country. It should be the last body exempted. There are a number of other strange exemptions. I hope that the Minister will go through the list with a fine-tooth comb to explain why they have been exempted. It would probably make an interesting study of regulatory capture to learn who was using the back stairs to Ministers' offices to be excluded from this legislation.

Why has the IHRC been exempted? One has no right to question a decision of the IHRC via the Ombudsman. It seems a contradiction in terms. I am sure the Minister will re-examine the issue. It is also strange that while one can make a complaint about faulty marmalade, one cannot make a complaint about the agency investigating it, the National Consumer Agency.

Pension trustees should be covered by the Ombudsman. A large number of private and public sector pension funds seem to be operating recklessly, financially speaking. It seems that trustees get together, award one another added years or so on and bankrupt their members.

Looking through the list of exemptions, one can see the commissioner for aviation regulation. At the behest of a former Minister, Noel Dempsey, airport charges increased by 41%, which seriously affected Irish tourism. The commissioner should not be exempt. People have also complained about the Competition Authority because it has so little success in promoting competition, particularly when part of court cases. With the Fire Services Council, if a fire befalls a person, the issue should be dealt with in the best possible way. Essentially, everything on the list is worth checking. I would add Údarás na Gaeltachta to the list. I opposed very strongly in this House the removal of the elected representatives of Údarás na Gaeltachta, and that takes effect at the end of this month. There must be some other protection to provide checks and balances.

When reviewing Irish public administration approximately three or four years ago, the OECD referred to a problem of "agencification", but that is what happened. When we set up quangos or distance bodies from the Minister, the Minister does not have to answer parliamentary questions and the agencies quickly devolve themselves from any control by the so-called "parent" Department. As the McCarthy report noted, these bodies may have very large public relations budgets and become virtually independent republics. In a real republic like ours, that conduct is unacceptable; therefore, I am glad the Minister is reversing the process.

I disagree with my friend, Senator Keane. A dictionary definition taking in gender would indicate that "man" refers to women as well. "Personne", on the other hand, is the French word for "nobody", and I am sure "chairnobodies" would not be appointed to a committee.