Calleary, SeánThursday, 3 July 1980 |
Seanad Eireann Debate
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I thank Senators generally for their very positive welcome of the Bill and for the various comments they made on its provisions. By and large these have been very useful comments. Certainly I will c...
Ombudsman (No. 2) Bill, 1979: Committee and Final Stages.
As the retirement age is to be 67—and we all can argue as to whether or not there should be a set retirement age at all—and the term of office is six years, that is in subsection (3) and (4), this mea...
There are no set criteria for his appointment. If he is going to do all the things I have heard in the Dáil and Seanad he is going to do, he will need to be a superman—or if it is a woman, a superwom...
No decisions have been taken as to whether or not there will be an advertisement. The final decision will be a consensus, but no definite decision has been taken as to how the preliminary lists will ...
It will not be.
Not under subsection (6). I do not see any objection to that. Question put and agreed to. Section 3 agreed to. SECTION 4. Question proposed: “That section 4 stand part of the Bill”.
That is subsection (3).
“It appears to him, having regard to all the circumstances....” Is that it?
I hope he would not act on that principle anyway. It would lead him into all sorts of problems. Subsection (3) provides that an investigation of an action shall not take place unless a complaint is ...
He can act on a complaint received from an individual, from a community or if he reads something in the papers and feels that there is cause therein for complaint against a Department, he can initiate...
It could happen definitely. I suppose it has been known to happen in the past.
The short answer is “no, I do not”.
I suppose the situation could arise where the complainant would have sought redress from the relevant Department and would not have got an answer back from them. Question put and agreed to. SECTION 5....
The section lists three circumstances in which an investigation will not be carried out. The first is where the person affected has already initiated civil legal proceedings; the second is where the ...
I take the Senator's point. He is right in that.
No. I did say all personnel matters are excluded.
I cannot say what another Minister in another Government or administration might do.
This is a point which was raised in the Dáil and put very forcibly. I take the Senator's point and I am very sympathetic to that point of view.
Anything in relation to personnel is excluded. Question put and agreed to. SECTION 6. Question proposed: “That section 6 stand part of the Bill.”
Is the Senator talking about subsection (1)? This is not the subsection to which the Senator is referring. This subsection deals with the situation where the ombudsman himself decides not to continue...
In this case, not alone does the ombudsman have to tell the complainant that he has to stop because the Minister asked him to but he must also tell the complainant the reasons the Minister has given.
I am sure that Deputy Markey has considered the integrity of the man or woman who would be in this job. I take it that the ombudsman will give the full reasons why he has to stop an investigation.
I do not think that any person in a job like this is going to feel obliged to anybody. I would certainly hope that no person would feel obliged.
The Minister has not had any thoughts on that.
Could the Senator repeat that, please?
I take the point about “should” or “shall” rather than “may”. I feel that it is just a question of a choice of words. The ombudsman will make any recommendations that he feels are necessary to the ...
He can make a recommendation.
“...that measures or specified measures be taken to remedy, mitigate or alter the adverse effect of the action...”
There is no automatic entitlement. As the subsection says, it empowers the ombudsman to decide whether any person may be represented by counsel, solicitor or otherwise—that is a trade union represen...
That subsection covers that. The ombudsman can decide whether any person may be represented by counsel.
I do not think so. My understanding is that any person can be represented. There is no automatic entitlement. It is up to the ombudsman.
Yes, any person and that includes a civil servant, can be represented. There is no automatic entitlement. It is at the discretion of the ombudsman.
No, I do not think that any serious thought was given to that matter. We all know that a considerable number of the complaints that the ombudsman is going to get will be the normal ones. Where a sit...
I have an open mind. I want to see the office in operation. We will have to wait and see what evolves after that. I would hope that within a year of the ombudsman being in existence there would be...
I would like to thank the Senators for their contributions, for the manner in which they made their contributions and for the speed with which they passed the Bill. Senator Harte said it will not be a...
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