Brendan Howlin (Wexford, Labour) | Oireachtas source

It is to give discretion to the Ombudsman rather than tie the hands of the Ombudsman that the Bill is drafted in the way it is. The effect of Senator Barrett's amendment would be that the Ombudsman, having carried out a preliminary examination, would not be able to exercise any discretion over whether to continue on to a full investigation. She would be obliged to always investigate administrative actions taken by or on behalf of a reviewable agency, even where she felt such an investigation was unwarranted. I do not believe that is the Senator's intention. We must leave the discretion to the Ombudsman to carry out a preliminary investigation and, at her sole discretion, to determine whether a full investigation is merited by that case, rather than let her carry out an investigation and even where a full investigation is not merited, be obliged by law to continue with one. That would be wasteful.