Róisín Shortall (Dublin North West, Social Democrats)
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384. To ask the Minister for Public Expenditure and Reform the consequences or penalties that apply, if any, for senior officials following an adverse finding of the Office of the Ombudsman. [19402/16]

Paschal Donohoe (Dublin Central, Fine Gael)
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The Ombudsman Act 1980, as amended provides that, following an investigation and before he makes recommendations, the Ombudsman shall send a copy of his draft report and findings to the reviewable agency concerned and to any other person to whom he considers appropriate.  The Ombudsman cannot make a finding or criticism adverse to a person in a report without having afforded the person an opportunity to consider the finding or criticism and to make representations in relation to it to him.

Furthermore where the Ombudsman makes an adverse finding, he may make a recommendation in his final investigation report to the relevant body that the matter be further considered or that specified measures be taken to remedy, mitigate or alter the adverse affect of the action on the complainant.  He may also ask that he be notified within a specified time period of the action that has been taken in response to his recommendation.  

Where it appears to the Ombudsman that the measures taken or proposed to be taken are not satisfactory, the legislation provides that the Ombudsman may submit a special report to the Oireachtas.

Ombudsman recommendations are put to the head of the body under investigation and are focussed on obtaining appropriate redress for the complainant and, if appropriate, on bringing about administrative and systemic improvements. The Ombudsman has no role in determining whether disciplinary measures against any officials should be considered or not.

Generally speaking any decision in relation to the taking of disciplinary measures or not in relation to any matter is a matter for the employing body.