Seanad debates

Thursday, 4 October 2012

Ombudsman (Amendment) Bill 2008: Committee Stage

 

11:50 am

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

I will do my best to de-fuzz the logic, as it were. This is a standard provision as a commencement date is required. The commencement date for all bodies subject to the Ombudsman under the existing legislation is the date of enactment. For all other bodies, a horizon of six months or such lesser time as I determine by order will apply. It is my intention to determine the tightest timeframe possible in each case.

I note Senator Sean D. Barrett expressed views on this matter on the Order of Business and tabled a series of amendments to the Schedule. I look forward to explaining the position in this regard. The Department was in discussions with the Ombudsman and other Departments on specific agencies until the day the amendments were tabled. Once it has been determined which bodies will come within the purview of the legislation, we must give them some notice that is consistent with good administration. In essence, the six month timeframe sets out the horizon by which everything will come into effect. It is, however, my intention to have a much narrower timeline for all the agencies specified in the Bill.

I do not propose to discuss the agencies which have been excluded from the structure of the Bill as I hope to do so when we discuss the next substantial group of amendments. However, as this is the first amendment, I will outline the principles involved. I am absolutely determined, as is the Government, to build on our previous period in government when we introduced the Freedom of Information Act, the Standards in Public Office Act and the Ethics in Public Office Act, as well as changes to the Electoral Act to provide for greater accountability. Much of this legislation was watered down in the intervening period and the Government will restore it to the position that obtained previously.

I have introduced this legislation in the House and we held a detailed seminar on the heads of a whistleblowing Bill which will be known as the protected disclosures Bill. Legislation providing for a register of lobbyists is at an advanced stage and the restoration and extension of the Freedom of Information Act are fast coming down the tracks. This Bill is part of a corpus of law that will do exactly what Senators Sean D. Barrett and Trevor Ó Clochartaigh seek, namely, greatly expand the capacity of citizens to understand how decisions are made, how public administration works and who influences decisions in our democracy and introduce the greatest possible degree of transparency.

The amendment provides simply for an enabling timeline. I will commence the legislation as quickly as I can. The six month horizon is the outer limit for doing so.

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