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Ombudsman, Emily O'Reilly, welcomes Dáil Debate on the Lost at Sea Scheme Special Report

Date released: 03.02.2010

Noting the decision, Ms O'Reilly said:

"In recent months there has been much public debate in Ireland about what was seen as the failure of our financial regulatory systems to foresee and prevent the banking crisis. My role as Ombudsman is to ensure that our public administration system deals properly and fairly with members of the public and this is a task which I am committed to fulfilling, without fear or favour, in line with the statutory authority which has been granted to my Office by the Oireachtas.

My decision to make a special report in this case was not taken lightly. It is my statutory duty under the Ombudsman Act, 1980 to decide what is fair and reasonable in relation to each complaint that comes before me. Where a remedy is warranted I take great care to ensure that my recommendations are both appropriate and proportionate. The credibility of any Ombudsman depends on his or her ability to deliver adequate and appropriate remedies to people who have been treated unfairly. My investigation of the Byrne family's complaint has been painstaking and forensic. However, in this case, despite my best efforts, the Department of Agriculture, Fisheries and Food continues to dispute my findings and recommendations and I have been unable to resolve the impasse. My only option when this arises is to seek the intervention of the Oireachtas. It now has the task of deciding who is right and who is wrong in the context of good administration and fairness to the complainant."

The Special Report follows on the decision of the Department to reject her findings in relation to a complaint from the Byrne family in Donegal and her recommendations for financial compensation.

While the Department is free in law to reject the Ombudsman's recommendations, this is only the second time in the twenty-five year history of the Office that this has happened. The first occasion was in 2002 in a case involving the Revenue Commissioners, which, with the assistance of the Oireachtas, was ultimately resolved to the then Ombudsman's satisfaction.

When the Ombudsman considers that a public body's response to a recommendation is unsatisfactory, her only recourse is to make a special report to each House of the Oireachtas under Sections 6(5) and 6(7) of the Ombudsman Act, 1980.