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Dáil Éireann debate -
Tuesday, 3 Nov 1992

Vol. 424 No. 8

Written Answers. - Appointment of European Ombudsman.

Phil Hogan

Question:

209 Mr. Hogan asked the Minister for Foreign Affairs when an Ombudsman will be appointed as provided for in the Treaty on European Union to deal with citizens' complaints on maladministration by the European Community's institutions; if such an Ombudsman will be allowed access to files held by the EC institutions concerned; if he will receive administrative assistance from any Government Department involved; and if he will make a statement on the matter.

Article 138e of the Treaty on European Union provides for the establishment of the Office of European Ombudsman. The Treaty sets out the method of appointment and the role of the European Parliament in the drawing up of the regulations governing the office.

The first step is for the European Parliament to lay down the regulations and general conditions governing the performance of the Ombudsman's duties. Parliament is expected to consider a report from its Committee on Institutional Affairs (Rapporteur: Mrs. Rosy Bindi) on these regulations and conditions at its part-session commencing on 16 November.

When the regulations and conditions have been agreed by Parliament (after receiving the approval of the Council of Ministers) the next step will be for the Parliament to elect an Ombudsman. The Council will have no function in this election. While I would not wish to pre-empt the content of the regulations and conditions governing the Office of the Ombudsman I would point out that it is the practice for any Ombudsman to report to the Parliament which appointed him or her in respect only of the actions or decisions of organs of administration falling under the jurisdiction of that Parliament. It would not therefore be appropriate for the remit of any Ombudsman appointed by the European Parliament to comprehend the activities of Irish Government Departments or Agencies. In the event of such an Ombudsman's investigation entailing requests by him for information from Irish Government Departments, I would expect that the cooperation and assistance already afforded by them to existing regulatory investigation or audit organs of the Community would be extended to the Ombudsman.

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