Billy Kelleher (Cork North Central, Fianna Fail)
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274. To ask the Minister for Public Expenditure and Reform the procedures in place and the processes that should be followed by persons wishing to bring a complaint against the Office of the Ombudsman. [26072/15]

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 Ombudsman is obliged to report annually to the Oireachtas on the performance of his functions.

The Joint Oireachtas Committee on Public Service Oversight and Petitions provides a formal channel of consultation and communication 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.

In view of the statutory independence of the Ombudsman, it would not be appropriate to put a mechanism in place to review 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. Any complaints about the operations of the Office may also be directed to the Office of the Ombudsman.