Joe Costello (Dublin Central, Labour)
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Question 1080: To ask the Minister for Justice, Equality and Law Reform when the ombudsman commission will be established; when the commission will start work; if the commission will consider complaints made prior to its establishment; and if he will make a statement on the matter. [40333/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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I made an order on 12 December 2005 under the provisions of the Garda Síochána Act 2005 establishing the Garda Síochána Ombudsman Commission. The Government decided on 13 December 2005 to nominate the following persons for appointment by the President to be members of the Garda Síochána Ombudsman Commission: Mr. Justice Kevin Haugh to be chairperson, Ms Carmel Foley and Mr. Conor Brady.

In accordance with the requirements of the Act, it will be necessary, in order that these persons may be appointed to be the members of the Garda Síochána Ombudsman Commission, for Dáil and Seanad Éireann to resolve to recommend them for appointment by the President. The necessary resolution in respect of this House is being considered today. Arrangements are being made for the necessary resolution in Seanad Éireann to be brought before that House shortly.

While I anticipate that the members of the ombudsman commission will be appointed very soon I do not expect that the ombudsman commission will become operational for some time. It will be a matter for the members of the ombudsman commission, when appointed, to determine, in accordance with the provisions of the Act, how they intend to proceed with certain types of complaints. In addition, they will have to recruit and train their staff. I expect that it may take up to 12 months before the ombudsman commission will be in a position to start receiving complaints.

The provisions governing the time limits for making complaints to the ombudsman commission are set out in section 84 of the Act. A complaint must be made within six months, beginning on the date of the conduct complained of. The section allows the ombudsman commission to extend the time limit for making a complaint if it considers that there are good reasons for doing so.