Micheál Martin (Cork South Central, Fianna Fail)
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302. To ask the Minister for Public Expenditure and Reform the position regarding the commitment in the programme for Government regarding extending the Freedom of Information Acts and the Ombudsman Acts to ensure that all statutory bodies are covered; and if he will make a statement on the matter. [12698/15]

Brendan Howlin (Wexford, Labour)
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The Programme for Government committed to extending Freedom of Information, and the Ombudsman Act, to ensure that all statutory bodies, and all bodies significantly funded from the public purse, are covered.  Following the enactment of the Freedom of Information Act, 2014 and on the basis of the enactment of the Ombudsman (Amendment) Act, 2012, this is now being achieved.

The Freedom of Information Act 2014 provides for the application of FOI to all bodies that conform to the definition of public body in Section 6 of the Act, unless they are specifically exempt or part-exempt under the provisions of the Act.  As new public bodies are established, they will automatically be subject to FOI, unless a Ministerial Order is made to exempt them from FOI for particular reasons.  This represents a major departure from the pre-existing situation under which a public body had to be explicitly identified under the legislation, in order for FOI to apply. 

The Act also provides for the extension of FOI to non-public bodies in receipt of significant funding from the Exchequer by way of Ministerial Order in the future. 

The Ombudsman (Amendment) Act 2012 extended the remit of the Ombudsman making some 180 additional public bodies subject to review.  As such, it was the most significant extension of the Ombudsman's remit in 30 years.  The Ombudsman is now empowered to investigate complaints about the administrative functions of bodies such as the Education and Training Boards, the higher education institutions and a range of other bodies whose administrative actions had not previously been subject to investigation. 

The Act also provides for the extension of the Ombudsman's remit by Order to non-public bodies, where there is a clear public benefit in particular bodies being subject to review by the Ombudsman, in accordance with the commitment in the Programme for Government.  In that regard, it is my intention to extend, by Ministerial Order, the Ombudsman's remit to private nursing homes whose residents are in receipt of state support or subvention and I have begun a consultation process in that regard.  By extending the Ombudsman's remit, greater accountability and assurance will be afforded to patients of these nursing homes and to their families.  Following this consultation process, I expect the Order will be in place by end June.