Brendan Howlin (Wexford, Labour) | Oireachtas source

I have made a small change to the amendment we discussed on 4 October. While the whole text of amendment No. 19 has been substituted, the only change made in the new amendment No. 19 concerns the new subsection (11). I will explain the amendment in full. There are three parts to the amendment, the first of which provides for regular reporting between the Ombudsman and Oireachtas, with the relevant committee being the Joint Committee on Public Service Oversight and Petitions. It is envisaged that the joint committee will be a formal channel of consultation and collaboration between the Oireachtas and Ombudsman for receiving and debating her annual reports and special reports to ensure her criticisms, observations and recommendations are acted on speedily. It is also envisaged that the committee may propose possible topics for the Ombudsman to examine in future, consistent with her statutory remit.

The second part of the amendment provides for the retention, in amendment form, of the power to make a ministerial order to make a public entity, including a reviewable agency, exempt in whole or in part. It provides a new power to make, by ministerial order, an exempt public entity reviewable and, where a public entity is reviewable in part, the power to amend those elements of the entity that are reviewable. A positive resolution of both Houses of the Oireachtas approving the draft orders will be required for the order to be made. The amendment also provides for consultation with the Ombudsman, Ombudsman for Children and Oireachtas committee as well as the consent of the relevant Minister and a positive resolution of both Houses of the Oireachtas in respect of such orders.

In considering whether to exclude or include a public entity within the Ombudsman's remit, which was a matter for considerable debate when I last appeared in the House, the amendment provides that regard will be taken of the public interest, the need to ensure a balance between appropriate accountability and oversight and the need for an entity to conduct its affairs.

The third part provides that, in the event of a dispute arising between the Ombudsman and any particular entity as to the factual position of whether the entity is reviewable in terms of coming under the generic definition of public bodies and, therefore, within the scope of the Ombudsman's remit, the question should be put to the Minister whose decision shall be binding.