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Other legislation

The Finance Act 1981

Section 52 of this Act ensures that the requirements in tax legislation imposing secrecy obligations on the Revenue Commissioners will not apply so as to preclude the disclosure to the Ombudsman of information, including documents for the purposes of the Ombudsman Act, 1980.

The Data Protection Act, 1988 (Restriction of Section 4) Regulations, 1989 (SI No 81 of 1989)

These Regulations provide that the restrictions on the disclosure of information under the Ombudsman Act 1980 will continue to apply notwithstanding the right to access to personal data conferred by Section 4 of the Data Protection Act 1988.

British-Irish Agreement Act, 1999

In line with the Belfast Agreement of 1998, six new North-South Implementation Bodies were established. These bodies operate in the areas of food safety, trade and business development, language, aquaculture and marine, special EU programmes and inland waterways. Section 50 of the British-Irish Agreement Act, 1999, which provides for the creation of these bodies, brings the Implementation Bodies within the jurisdiction of the Office of the Ombudsman. Both this Office and the Office of the Commissioner for Complaints and Assembly Ombudsman for Northern Ireland have jurisdiction in relation to the Implementation Bodies and the Act provides for liaison and co-operation, between the Office of the Ombudsman and its Northern Ireland counterpart, in dealing with complaints against these bodies. The jurisdiction of the Office of the Ombudsman covers "actions taken in the State by or on behalf of" one of the bodies and a parallel provision applies in the case of the Northern Ireland Ombudsman.

The North-South Implementation Bodies are as follows;

  • Foyle, Carlingford and Irish Lights Commission
  • InterTradeIreland
  • The North/South Language Body ( The Ulster-Scots Agency / Foras na Gaeilge)
  • SafeFood
  • Special European Union Programmes Body
  • Waterways Ireland
  • Tourism Ireland

 

Postal and Telecommunications Services (Amendment) Act, 1999

Section 10 of this Act removed Telecom Éireann from the remit of the Ombudsman. This came into effect on 15 July 1999.

Communications Regulation (Postal Services) Act 2011

Under the terms of the Communications Regulation (Postal Services) Act 2011 statutory responsibility for the examination of complaints relating to An Post postal services was removed from the Office of the Ombudsman with effect from 2 August 2011. Under the Act responsibility for the examination of complaints regarding postal services was transferred to the Commission for Communications Regulation (ComReg).

Under the Ombudsman (Amendment) Act 2012, which was passed on 31 October 2012, An Post was designated as an "exempt agency". The Ombudsman cannot investigate an action taken by or on behalf of an exempt agency


The Ombudsman for Children Act, 2002

Among other things, this Act provided for the establishment of an Ombudsman for Children who can investigate complaints in relation to the actions of certain public bodies which may have adversely affected children. Those public bodies include Government Departments and Offices, Local Authorities, the Health Service Executive, Semi State Bodies etc. Section 12 of the Act amended Section 5 of the Ombudsman Act, 1980 in that matters which are subject to investigation by the Ombudsman for Children cannot be investigated by the Office of the Ombudsman.

Ombudsman (Defence Forces) Act 2004

Among other things, this Act provides for the appointment of an Ombudsman for the Defence Forces to investigate complaints made by serving or former members of the Defence Forces about actions taken by serving or former members of the Defence Forces or civil servants which may have adversely them. Under section 4(7) of the Act a member of the Defence Forces (a) who makes a complaint to the Ombudsman for the Defence Forces concerning an action taken by or on behalf of a civil servant shall not, subsequently, make a complaint about the same matter to the Ombudsman appointed under the Act of 1980, or (b) who makes a complaint to the Ombudsman appointed under the Act of 1980 in relation to an action taken by or on behalf of a civil servant shall not, subsequently, make a complaint about the same matter to the Ombudsman for the Defence Forces.

The Disability Act 2005

Among other things, this Act requires public bodies to ensure that public buildings and services are accessible to people with disabilities. With effect from 31 December 2005 the Act extends the Ombudsman's jurisdiction in that from that date the Office can deal with complaints alleging a failure to provide such access in accordance with the legislation. In addition, a number of government departments have to prepare sectoral plans, which must give information about the measures designed to bring about the delivery of services to people who are disabled as envisaged in the Act, within established time frames. The Ombudsman can examine complaints about failures in this area also.

The Disability Act 2005 section of this website provides a summary of the provisions of Part 3 of the Disability Act and sets out how to make a complaint to the Ombudsman under the Disability Act.