Brendan Howlin (Wexford, Labour) | Oireachtas source

In the nature of these matters, when one introduces legislation that goes beyond the current practice, the entire focus is on the step that is not being taken rather than the 140 new steps that are being taken.

I have listened carefully to the points made. The principles would not separate any of us. We want a practical Ombudsman to ensure every citizen is confident that if badly treated by an agent or agency of the State, there is an appeals mechanism that is robust enough to put that right. In essence that is what the Ombudsman is about and must have the necessary resources. Successive incumbents of that office have built up a fine reputation in vindicating its role which is now being extended. As to whether this will be the last word on it, I am not sure. The two major principles enshrined in the legislation are that new bodies will automatically come within its purview and the only bodies exempted are those listed in Schedule 2. Even where there are exemptions, if in the future the Oireachtas is minded to amend the list, it will be in a position to make recommendations. Obviously the House can make its own recommendations on a motion at any time but formally through the Joint Committee on Oversight and Petitions, which is a new device. The Bill provides that the next Ombudsman will not be the sole choice of Government but the process will involve the Oireachtas. The range of changes are very democratising.

I shall deal with the two points made by Senator Michael D'Arcy. I understand the frustrations one might have. There are principles also. We cannot have somebody guessing the role of the Attorney General as the chief law officer of the State, the legal adviser to the Government, and a constitutional office-holder with a specific role to uphold the Constitution, even though some of the subsets of that would cause its own difficulty. In my parliamentary career I am more frustrated at the role of the Director of Public Prosecutions than of the Chief State Solicitor's office, but for right and good reasons they are absolutely independent in their decision making and cannot be gainsaid.

I note the logic and passion of the argument made by Senator Ó Clochartaigh. I ask him to give us the space to see how the new regime will operate. If at the end of it, there is still good reason to revisit the Irish Naturalisation and Immigration Service or the Irish Prison Service, we will have an open mind.