The Minister for Public Expenditure and Reform, Mr. Brendan Howlin TD today announced the completion of the passage of the Ombudsman Amendment Bill 2008 through the Oireachtas. The Bill is expected to be enacted shortly.
The legislation was prioritised by the Minister for enactment as a key part of his programme of Government Reform. It will result in the most significant expansion in the jurisdiction of the Ombudsman in the 30 years since the original legislation was first put in place. The primary purpose of the Bill is to extend the powers of the Ombudsman. It is estimated that under the Bill an additional 140 public bodies will be brought within the Ombudsman's remit.
The Minister said:
“The enactment of this legislation will represent an important milestone in the Government’s programme of reform. The major expansion in access for members of the public to the Ombudsman would be expected to further strengthen the standing of the citizen in their dealing with public bodies, ensuring that fair treatment is always provided, as well as improving the quality of decision-making and increasing accountability”.
The Minister also highlighted the role of the Oireachtas Committee on Public Service Oversight and Petitions in advising on further extensions in the remit of the Ombudsman, including in these areas if this was considered necessary for any reason in the future. He said:
“I will be continuing to work closely with the Ombudsman, the Public Service Oversight and Petitions Committee and my Government colleague to explore how the role and the responsibilities of the Ombudsman might be further developed to optimize the contribution that the Office of the Ombudsman can make to quality public service provision”
In the course of the debate in the Dail the Minister confirmed the intention of the Minister for Justice and Equality to put in place as a matter of urgency robust, effective and independent complaints system for both prisons and in relation to the administration of the immigration and refugee systems.
The legislation benefited from cross-party support in both Houses of the Oireachtas. The legislation was developed and progressed in closes consultation with the Office of the Ombudsman.
24 October, 2012
Editorial Notes
Extension of the Ombudsman’s remit
When the Bill is enacted, the Ombudsman will be empowered to investigate the administrative actions of Vocational Education Committees, higher education institutions and a range of other bodies whose administrative actions have not previously been subject to investigation. These organisations include the National Roads Authority, the National Treatment Purchase Fund, the Courts Service, FÁS, the Enterprise agencies, the National Consumer Agency and many other State bodies whose activities affect the daily lives of citizens are being included for the first time.
The extension of the Ombudsman to public bodies and third level institutions is a commitment under the Programme for Government and is a significant element of the Government's Reform Programme overall to improve the transparency and accountability of administrative decision making. It also is expected to contribute significantly to the objective of the Public Service Reform Plan to put the citizen at the centre of public service provision.
In future the remit of the Ombudsman will automatically include all public bodies by way of a general definition of such bodies except those bodies that are to be specifically excluded (in whole or in part).
The legislation once enacted will allow for further extensions in the scope for the Ombudsman to review administrative actions in the case of non-public bodies in receipt of significant funding from the Exchequer.
Strengthening the powers of the Ombudsman
The amending legislation strengthens the powers of the Ombudsman in several important areas, including for example allowing the Ombudsman to initiate investigations on the Ombudsman's own initiative. Other examples include the empowerment of the Ombudsman to make general recommendations to other public bodies where there may be lessons to be learned of a general nature across similar bodies. The Ombudsman will also be empowered to request bodies to notify her within a specified time frame of their response to her recommendation.
The legislation includes a new provision in relation to the rights of citizens in their dealings with public bodies on administrative matters. It provides that citizens will be entitled to a high level of service from those bodies which come within the remit of the Ombudsman.
Strengthening Democracy
It strengthens democracy by providing the legal framework to strengthen the relationship between the Ombudsman and the Oireachtas so that the Oireachtas Committee on Public Service Oversight and Petitions can review the Ombudsman's reports and draw the Ombudsman's attention to areas where investigations may be warranted.
Communications
The Department of Public Expenditure and Reform will be working closely with the Ombudsman's Office to ensure that there is a strong awareness among the public of the significant expansion in the number of public bodies in respect of which the Ombudsman can investigate complaints regarding administrative actions that have given rise to an adverse effect on individuals.