Members of the House will be aware that, following the approval of both Houses of the Oireachtas, the Government made an order to extend the Ombudsman's remit from 1 April 1985 to local authorities, health boards, An Post and Bord Telecom Éireann. This order, in effect, placed these bodies in Part 1 of the First Schedule to the Act, among the bodies subject to investigation by the Ombudsman. It is necessary, therefore, to remove the local authorities and the health boards from the Second Schedule in order to avoid a situation where these bodies would be listed in both schedules on 1 April 1985.
The draft order now being discussed provides for this and clears the way for the extension of the Ombudsman's remit. A number of bodies have come into existence since the Ombudsman Act, 1980 was enacted in July 1980. I am availing of the opportunity to add these bodies to the schedules. I will now list the bodies being added to the Second Schedule. As I have already indicated, these bodies will not be subject to investigation by the Ombudsman.
The Central Fisheries Board was established in October 1980 and replaced the Inland Fisheries Trust which is already listed in the Second Schedule. The Irish Water Safety Association, the Fire Services Council and the Housing Finance Agency are State-sponsored bodies established by the Minister for the Environment. Four other State-sponsored bodies, the Irish Film Board, the National Concert Hall, the Postgraduate Medical and Dental Board and the Youth Employment Agency Complete the list of bodies being added to the schedule.
I should at this point explain one point about the drafting of this order. The Irish Water Safety Association, which is being added to the schedule, was established on 1 August 1980 under the Local Government Service (Corporate Bodies) Act, 1971. Four other bodies, which are already listed in the Second Schedule, were also established under this Act, namely the Fire Prevention Council, the Local Government Computer Services Board, the Local Government Staff Negotiations Board and the National Road Safety Association. Specific references to the last four bodies are being deleted from the schedule. All of these bodies, including the Irish Water Safety Association, are now being included in the Second Schedule under the general term "Bodies established under the Local Government Services (Corporate Bodies) Act, 1971".
The Second Schedule already contains a similar provision in the health area in regard to bodies set up under the Health (Corporate Bodies) Act, 1961. This is a drafting matter and it does not affect the existing relationship of these bodies with the Ombudsman.
I now turn to the draft order proposing changes to the First Schedule. Five bodies, all of whom have been established since July 1980, are being added to Part II of the First Schedule. Before going on to comment on these bodies I would first like, by way of background, to explain the structure of the First Schedule to the Act.
The schedule consists of two parts. Part I of the schedule lists the bodies which are subject to investigation by the Ombudsman. It includes all Government Departments, together with associated offices, which have civil servants employed in them. Part II of the schedule excludes from the Ombudsman's remit two categories of bodies. In the first category are bodies which might otherwise be considered, for the purposes of the Act, to be part of one or other of the Departments of State listed in Part I of the schedule. For example, it is specified that the Garda Síochána and the courts are not included under the heading "Department of Justice". The second category includes bodies which, while closely associated, with Departments, do not form part of the Department itself. In many cases they have been set up by Ministers to carry out investigations into certain matters ranging from prices to industrial relations. Examples of these bodies are the Employment Appeals Tribunal and the National Prices Commission.
As I have already stated, there are five bodies being added to Part II of the First Schedule. The Postal Services Users' Council and the Telecommunications Service Users' Council were established on 5 July 1984 and they replaced the non-statutory Post Office Users' Council which is already listed in the schedule. The Commission on Social Welfare was set up in 1983. The secretariat to the commission is being added to the schedule as the secretariats to other such commissions have been added in the past. The decisions of the Rent Tribunal are primarily judicial in nature and I do not consider that the tribunal's decisions should be subject to investigation by the Ombudsman. The functions of the Mining Board are similar in many respects to other appellate bodies already listed in the schedule. It will be readily agreed on all sides of the House and these bodies, by virtue of their functions, are not appropriate cases for investigation by the Ombudsman.
The remarks which I have just made set out the changes which I am proposing. In summary, the net effect of the changes will be twofold. In the first place, they clear the way for a major extension of the Ombudsman's remit with effect from 1 April 1985. Secondly, the schedules will be updated to take account of bodies which have been established since July 1980 when the original legislation was passed. I commend the two draft motions to the House.