I move:
That Seanad Éireann approves the following Order in draft—
Ombudsman Act, 1980 (First Schedule) (Amendment) Order, 1985.
a copy of which Order in draft was laid before the House on 5 February 1985.
Ombudsman Act, 1980 (First Schedule) (Amendment) Order, 1985: Motion.
I second it.
Recent developments in relation to the Ombudsman have given Members of this House a number of opportunities to discuss the role of the Ombudsman during the past couple of months. A further opportunity will present itself in the near future when the first annual report of the Ombudsman will be laid before the House. In the circumstances, I intend to keep my comments to you on this occasion as brief as possible.
The basic purpose of the two draft orders before the House is to update the schedules to the Ombudsman Act, 1980. These schedules list the bodies which the Ombudsman may or may not investigate as the case may be. The main reason why the schedules need to be updated is to take account of the Government's decision to extend the remit of the Ombudsman; a decision which was approved by Seanad Éireann on 29 November 1984. It is also proposed to avail of the opportunity to update the schedules in respect of bodies which have come into existence since the Ombudsman legislation was enacted in July 1980.
The bodies to whom the Ombudsman's remit extends at present are listed in the First Schedule to the Act. At the moment these consist, in the main, of Government Departments and offices. The schedule also lists bodies which, while often associated with Departments, do not form part of the Civil Service proper. The changes now proposed in the First Schedule are intended to similarly clarify the position of five bodies established since the passing of the Ombudsman Act 1980. The bodies involved are the Postal Services Users' Council, the Telecommunications Service Users' Council, the Rent Tribunal, the Mining Board and the Secretariat to the Commission on Social Welfare.
The Second Schedule to the Ombudsman Act, 1980 lists those bodies which are excluded from the Ombudsman's remit. At present health boards and local authorities are listed in this schedule although they will be subject to investigation from 1 April 1985. It is necessary, therefore, to remove them from the schedule and this is now being provided for. I am also availing of this opportunity to make a number of further amendments to the schedule. This involves the addition of a number of bodies established since 1980. All in all, eight bodies will be added. These bodies are, of course, similar in nature and purpose to those already listed in the Schedule.
In summary then, the orders at present before the House will, when executed, clear the way for a major extension of the Ombudsman's remit with effect from 1 April 1985 and update the Schedules to the Ombudsman Act, 1980 to take account of changes which have occurred since July 1980.
I welcome the order. It clears the way for a major extension of the Ombudsman's remit with effect from 1 April 1985 and this will obviously increase the workload for the Ombudsman's office. I ask the Minister to indicate the progress that has been achieved in the recruitment of the additional staff that will be necessary to cater for the increased workload. I am glad to see that the first report of the Ombudsman will be available shortly. Could I ask the Minister when it will be published and also ask him for an assurance that this House will have an opportunity to discuss the report at the earliest possible moment after its publication. It is evident that a remarkably heavy workload has already been handled by the office of the Ombudsman with a limited staff. Additional staff are clearly necessary and therefore, I would welcome a progress report on their recruitment. Until such time as we get the first annual report we will not have the firm evidence on which to evaluate fully the office of the Ombudsman.
I would like to briefly compliment the Minister on the introduction of these two orders which will be of significant benefit to the general public, especially people who up to now have been dissatisfied with the way their applications or affairs have been handled by local authorities, health boards or other bodies listed in the first and second schedules to the 1980 Act. As Senator Hillery said, it would be nice to see the first annual report of the Ombudsman to see how the public in general are availing of the facilities and the opportunities open to them through the office of the Ombudsman.
Certainly from reading the debates in the House before Christmas and listening to my colleagues speaking about the progress that the office has made in a very short time, the Ombudsman and his staff have extended a very excellent service. It is certainly a new dimension in public administration and one that is to be welcomed. For that reason the proposals of the Minister must give great opportunity to many people throughout the country.
I welcome the order. When the idea of the Ombudsman was first introduced it got a great welcome in the House. I know from information obtained to date that a wonderful job has been done by him. I am very pleased to see the extensions now being added to this. It is a pity that they do not coincide with other matters. For example a Company Law Bill is very much a necessity at the moment and has been talked about for a long time. Could some other order be made with regard to the Ombudsman which would allow him to embrace the terms to a great extent of the contents of the company law? In the area of consumer affairs a good job has been done to date, but the question of structures and machinery for dealing with consumer affairs could be extended.
I, too, join in the welcome for these two orders extending the remit of the Ombudsman. As the Minister said it will be more appropriate, perhaps, to discuss in greater detail the approach of the Ombudsman and his staff and their success to date in fulfilling the very significant and important role which they have been given in the legislation and which has now been extended further today. I, too, join with Senator Hillery in looking forward to the opportunity — I hope that we will be afforded it — to discuss in full the first report of the Ombudsman.
I have one question arising from the particular bodies to which it is proposed to extend the powers of the Ombudsman and to bring them within his area of responsibility, that is the reference to the rent tribunal. Could the Minister, when replying, tell the House more fully why it was decided to include the rent tribunal? It seems to be a different body from the other types of bodies which are included. The rent tribunal has taken over the functions previously exercised by the District Court. It is an independent quasi judicial body and acts independently in assessing the appropriate rents under the rent control properties. It is not clear to me what role the Ombudsman would play in relation to the rent tribunal. I would welcome clarification on that with regard to the other bodies, be they Government Departments or bodies such as the new users' councils under the Postal and Telecommunications Act — the postal service users' council and the telecommunications service users' council — I can quite understand that they would come within the remit of the Ombudsman. I would welcome some clarification from the Minister why it was thought fit and appropriate to include the rent tribunal.
I would like to thank the Members for their remarks. People are very happy with the way the office of the Ombudsman is operating. We hope to have the report in a matter of weeks. It is nearly compiled now. As soon as it becomes available we will have it before the House. This will give us an ideal opportunity to look at the operation of the office of Ombudsman and see how it is working. I believe we will see very good reasons why the position was brought into being. It is well worthwhile.
The question of additional staff was raised by Senator Hillery. There is a competition being arranged at the moment for recruitment of the necessary staff required. They will be recruited in the near future before the additional burden there will be after 1 April 1985.
Senator Robinson raised the question of the tribunal. The decisions of the tribunal as she indicated, are primarily judicial in nature. The basic role of the Ombudsman is to examine complaints against the administrative decisions. Therefore, the inclusion of the tribunal within the remit of the Ombudsman would not be appropriate. It is not being included. It is included in Part II of the First Schedule.
I misunderstood, I thought it was being included.
No. Senator Harte raised the question of extending the remit of the Ombudsman. That will be an ongoing situation. When we see the report we will know what way it is going and how it is operating. I believe that the remit of the Ombudsman should be extended as widely as possible. That is the function of the office. I am glad this House will be afforded an opportunity to have a full debate when the report will be brought before the House shortly.
Question put and agreed to.