asked the Minister for the Public Service in view of the second annual report to the Dáil of the Ombudsman wherein he points out that two cases under investigation by him were halted by a successful legal challenge from the Department of Education in regard to his authority to investigate the cases, if he will state the nature of that legal challenge; if he will now state the action he proposes to take in response to this action by the Department of Education.
Written Answers. - Ombudsman's Report.
69.
The two cases referred to by the Deputy concern unsuccessful applications for teaching posts in vocational education committees.
In both cases complaints were made to the Ombudsman by the unsuccessful applicants. The Department of Education did not, however, consider that either case could be examined under the terms of the Ombudsman Act, 1980.
The actions of certain bodies (such as vocational education committees) are excluded from investigation under the Second Schedule of the Ombudsman Act, 1980. Section 1 (3) (b) of the Act also has the effect of extending such exclusions to the exercise by Ministers or Departments of their functions in relation to excluded bodies. The Ombudsman agrees that this provision puts the cases in question outside the scope of his investigation.
I am satisfied that in this case the Department of Education, in seeking legal clarification, were not attempting to frustrate the Ombudsman in the discharge of his duties. I can assure the Deputy that I would not countenance any action on the part of a Department or other body under investigation to impede the Ombudsman in carrying out his mandate.