Brendan Howlin (Wexford, Labour) | Oireachtas source

I thank Senators for the contributions. On the suggestion that recommendations of the Ombudsman should have statutory effect and should be binding, that is something the Department has discussed with the Ombudsman and it is her view that they should not be. There is an excellent record of compliance with the Ombudsman's recommendations. I understand that since the Ombudsman's office was established, refusals by public bodies to implement recommendations have been a very rare exception. A decision of a public body to reject a recommendation has happened only twice, believe it or not, since the Ombudsman's office was established and those refusals are reported to the Oireachtas in the annual report.

The reasoning behind the view I have taken and the view that is supported by the Ombudsman is that currently public bodies engage with the Ombudsman's office in an open and transparent way. If her recommendations had legal impact immediately the view is that they would be much more defensive in the way they deal with her office and would be much more likely to resort to litigation in defence of a position. Since it is almost inevitable that her recommendations are acted upon it was not felt necessary or appropriate that they would have mandatory effect.

We have completely reorganised the way the Ombudsman's reports will be dealt with. If there were only two refusals to carry out her recommendations since the office was established there is a likelihood that there will be even fewer exceptions in the future because there would be the full scrutiny of an Oireachtas committee as a matter of course, and the power of the Oireachtas to haul the entity in question before it to give an account of itself would be powerful.

On the specific issue the Senator referenced, the lost at sea case, I did make passing reference to it. I am on public record regarding my view on that matter but I do not propose to rake over that particular coal today.