Alex White (Dublin South, Labour) | Oireachtas source

I thank Senator Bradford for raising this matter. As he and the House are aware, Ms Emily O'Reilly has offered her resignation from the Office of Ombudsman and Information Commissioner with effect from 29 September 2013. I would like to take this opportunity to join with Senator Bradford in congratulating her on her election by the European Parliament as European Ombudsman and to wish her every success in her new role. I think we can all agree that Ms O'Reilly has made a significant contribution over the past 10 years as Ombudsman and Information Commissioner. I join Senator Bradford in acknowledging this before the House and thank her for all her work and dedication. I agree with Senator Bradford's remarks and would like personally to congratulate Ms O'Reilly and wish her well as somebody whom I knew for many years in our respective previous careers. I wish her every success in her new role.

I agree entirely with what Senator Bradford said about the broader question of the importance, efficiency and professionalism of the Office of the Ombudsman and Information Commissioner. Some of us in Government have been at the receiving end of decisions made by that independent office.

As Ministers, we may not have liked them, but, of course, we accept them and fully acknowledge that the Ombudsman and Information Commissioner has acted entirely professionally and properly and in the public interest throughout her tenure in this role, just as her predecessors did.

The remit and powers of the Ombudsman were recently expanded following the passage of the Ombudsman (Amendment) Act 2012. The Ombudsman's remit now covers all Departments, local authorities, the HSE, and circa180 additional public bodies recently added to the remit. This is a positive development which will empower citizens in their interactions with public bodies and help to further improve standards of public administration. The role of the Ombudsman is not simply to examine individual complaints but also to ensure a better quality service for customers or clients of public bodies by improving the system of public administration.

The process to be followed in the appointment of a new Ombudsman is set out in the Ombudsman Act 1980, as amended. The appointment is made by the President following nomination by resolution of each House of the Oireachtas. Since the Freedom of Information Act 1997 came into force, the Ombudsman has also held the office of Information Commissioner. Appointment to the post is by a similar process to that for the Ombudsman. The Ombudsman also serves as Commissioner for Environmental Information and is an ex officiomember of the SIPOC, the CPSA, the Referendum Commission and the Constituency Commission.

The 2012 legislation now provides that the appointment may be preceded by consideration by a committee of the Houses of the Oireachtas as may be designated by the relevant Minister. It is the intention of the Minister for Public Expenditure and Reform that once a nominee has been approved by the Government, a referral will be made to the Public Services Oversight and Petitions Committee.

The Ombudsman is a senior public official charged with monitoring the public administration through the examination and investigation of complaints from members of the public who believe they have been adversely affected by the administrative actions of a public body. The person appointed will be capable of leading a high profile institution through a period of expansion and change. A broad understanding and knowledge of Irish public administration, including the political and legal systems and the governance of public bodies, is essential. He or she should also demonstrate high level knowledge of current affairs and an understanding of the role of the institution of the Ombudsman within the public administration system, both in Ireland and internationally. The person appointed should also be recognised, either publicly or within his or her own professional area, as an individual of proven integrity and independence. He or she will have significant and high level professional achievements and be capable of presenting as the public face of the Office of the Ombudsman and Information Commissioner with credibility and authority. Good media or public speaking skills would be an advantage.

The practice in the past under previous Administrations was for the relevant Minister to ask the Government to note the name of the proposed nominee for the position prior to the resolutions placed before both Houses of the Oireachtas. The Minister for Public Expenditure and Reform is of the view that a more open approach should be adopted to the nomination process and he will be inviting expressions of interest in the appointment by public advertisement. This will widen the pool of possible candidates from which a nominee can be selected. Next week an advertisement will be published in the newspapers and on the Department's website seeking such expressions of interest. It is likely that the Government will approve a nominee in early September and the Minister will then consult the leaders of the Opposition parties prior to the resolutions been taken before the Houses of the Oireachtas.