Finian McGrath (Dublin North Central, Independent)
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290. To ask the Minister for Public Expenditure and Reform the mechanisms in place for questioning a decision of the Ombudsman; his views on whether or not the process is sufficiently transparent and accountable; the number of cases that the mechanisms have dealt with in each of the years 2012 to 2014, and to date in 2015, including detailing the number of cases where the complaints were upheld; and if he will make a statement on the matter. [24672/15]

Brendan Howlin (Wexford, Labour)
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The Ombudsman Act 1980 established the Office of the Ombudsman and provided a legislative mandate for the Ombudsman to monitor administrative accountability by ensuring that public service activities are carried out properly, fairly and in accordance with good administrative practice. 

The Ombudsman is independent of Government and is appointed by the President.  The Ombudsman is accountable to the Oireachtas and the Joint Oireachtas Committee on Public Service Oversight and Petitions provides a formal channel of consultation and collaboration between the Oireachtas and the Ombudsman.  The Joint Committee is responsible for receiving and debating the Ombudsman's annual and special reports, and for ensuring that his findings and recommendations are acted upon.  Under the 1980 Act the Ombudsman is also obliged to report annually to each House of the Oireachtas on the performance of his functions.

In view of the statutory independence of the Ombudsman, it would not be appropriate to put a mechanism in place for questioning a decision of the Ombudsman. The establishment of such a mechanism would not be in line with the fully independent status granted to Ombudsman offices in other jurisdictions.

However, it should be noted that the Office of the Ombudsman has a non-statutory internal appeals procedure to cater for persons who are not satisfied with the outcome of their complaint to the Ombudsman and wish the Office to re-examine their complaint. Such appeals are dealt with by a caseworker who has had no previous involvement in the case and who is in a more senior position than the original caseworker.  In 2014, 157 appeals were received under this procedure; this represents about 4% of all cases received.  In the case of four appeals, the Ombudsman decided to re-examine the complaint.