Ivana Bacik (Independent) | Oireachtas source

I support the current wording and the use of "may". When one reads the entire section, one sees there are quite a number of provisos in terms of when the Ombudsman "may" investigate or "shall not investigate unless" and so on. To include "shall" as suggested by this amendment would be unduly prescriptive in terms of the Ombudsman's powers.

We are debating three amendments together. Amendment No. 16 is very helpful as it clarifies that the Ombudsman, in deciding whether to have an investigation, may do so "on her own motion or on foot of a communication from a person who is not, in respect of the complaint, an eligible person or a person referred to". This clarifies that the Ombudsman can make this decision on her own motion or on foot of a communication from another person. This broadens the scope. Therefore, we are better off leaving the discretion less fettered and retaining the careful circumstances in which the Ombudsman may or may not investigate.