Speaking this evening (23 October 2012) as the Ombudsman (Amendment) Act 2012 passed its final stage in the Dáil,the Ombudsman, Emily O'Reilly, said
"It is not an understatement to say that today is a historic day for the Office of the Ombudsman and Irish public administration generally as it sees the enactment of the Ombudsman (Amendment) Act 2012. This Act brings approximately 140 additional public bodies, including third level education bodies, the Irish Medical Council and An Bord Altranais under the remit of my Office. An Ombudsman (Amendment) Bill was first mooted as far back as January 1987 and over the years many promises to update and expand the Ombudsman's powers and remit were made and broken. I commend the Minister and Department of Public Expenditure and Reform for their recent efforts which finally succeeded in bringing this important legislation over the line."
Essentially the legislation provides that all public bodies, except those specifically listed in Schedule 2 of the new Act, will come under the Ombudsman's remit. The Ombudsman will continue to engage with the Minister and his Department regarding certain public bodies which remain outside her remit but which may be appropriate for Ombudsman oversight. The Ombudsman continues to be legally prevented from taking complaints regarding the prisons and certain administrative actions in the area of asylum and immigration and the Ombudsman hopes that there will be further engagement in their regard.
The additional bodies now coming under the Ombudsman include all publicly funded third level education institutions, including the universities, Vocational Education Committees, the Central Applications Office, FÁS, the Legal Aid Board, the National Treatment Purchase Fund, the State Examinations Commission, the Student Grant Appeals Board, the National Transport Authority, the Family Support Agency, Sustainable Energy Ireland, and a range of other public bodies. These bodies will come under Ombudsman oversight with effect from a date not later than 6 months after today's enactment. The Ombudsman has been empowered to examine complaints in relation to the administrative actions of the additional bodies which occur on or after the date on which they come under her remit.
The Ombudsman will be actively engaging with the new bodies in the coming months in order to explain her role, to encourage effective systems of complaint resolution at local level and to put effective liaison arrangements in place between those public bodies and her office. The Ombudsman will also be raising public awareness of her extended role.
Other significant provisions in the Act include:
- bodies under the Ombudsman's remit will, in the context of the performance of certain administrative actions, be legally obliged to give reasonable assistance and guidance to members of the public and deal with them properly, fairly, impartially and in a timely manner (Section 7);
- arising from an investigation, the Ombudsman may may make general recommendations to such public bodies under her remit as she considers appropriate in order to mitigate adverse affect identified during the investigation (Section 9);
- if a person fails to comply to a request from the Ombudsman to provide any specified information, document or thing she may apply to the Circuit Court for an order of compliance (Section 10);
- arising from an investigation, the Ombudsman may refer any question of law arising to the High Court for determination (Section 12).
For further information contact:
Fintan Butler - 639 5650 fintan_butler@ombudsman.gov.ie
or
David Nutley, Communications Officer, 086 0231420 david_nutley@ombudsman.gov.ie