Brendan Howlin (Wexford, Labour) | Oireachtas source

I explained exactly the view in relation to that, which was that we looked at the idea of having the Ombudsman's recommendations made mandatory but when we engaged on that basis, before I brought this Bill to the House, the Ombudsman's view was that it should not be done. I have explained that to the House. The view put forward was that there have been only two occasions, since the inception of the Ombudsman, where its recommendations were not implemented and that the office would have much more passive co-operation if there was not a statutory requirement to implement its recommendations. There is, of course, a huge moral suasion to implement recommendations and that is underscored by the fact that it was done in all but two cases. One of those cases was the notorious one we talked about where the last Administration determined not to do it. However, in virtually every case, the Ombudsman's recommendations are regarded as mandatory. We rehearsed the view that they should be made mandatory with the Ombudsman, debated it and I am now giving the House the reasons we are not doing it.