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Seanad Éireann debate -
Wednesday, 20 Feb 1985

Vol. 107 No. 5

Ombudsman Act, 1980 (Second Schedule) (Amendment) Order, 1985: Motion.

I move:

That Seanad Éireann approves the following Order in draft—

Ombudsman Act, 1980 (Second Schedule) (Amendment) Order, 1985

a copy of which Order in draft was laid before the House on 25th January, 1985.

I would like to make a point, which is a view shared by some other Members of the House. Part of the confusion that has arisen is because of the strange bureaucratic language used in the speech by the Minister. I know he did not have a hand in the drafting of it. I know that what is being done is technical but it is extraordinarily clumsily drafted. It is very difficult to follow from the speech. Since these are orders being made to existing legislation it makes it a little difficult. In future, it would be more helpful to us if we could have a clearer explanation of what the result of the proposed changes would be so that we are very clear about what bodies will be covered by the remit of the Ombudsman and what ones will not.

If I might be permitted to follow up what Senator Robinson has said, I think this is true. Even if the orders which are laid before the House and not circulated to Members had been circulated, Members would be in a difficulty. This was a case where an explanatory memorandum could have helped us. If the orders plus an explanatory memorandum could be circulated to all Members in future it could lead to a more useful debate and perhaps avoidance of misunderstanding.

Could we ask the Ombudsman to look into the parliamentary draftsman'a use of the English language?

(Interruptions.)

I would like to agree with what has been said by Senator Robinson and Senator Dooge. I listened to the Minister's introductory speech as well and found it very confusing. I wondered whether health boards and local authorities were in or out. I was not very clear in interpreting the position given by the Minister if the rent tribunal was subject to a quasi judicial function. It seems that those who are responsible for drafting this order and the explanatory speech given by the Minister might see fit in the immediate future to issue some kind of memorandum. I am not talking about the time we come to review the Ombudsman and the operations of the office. They might see fit to explain to Members of this House in some form of brief what exactly is now the remit of the Ombudsman. It deserves clarification.

I have no difficulty in understanding that the health boards and local authorities are being brought in. I hope we have indicated that clearly enough. I take the point Senators made with regard to circulation of some sort of explanatory memorandum. I believe Members should be supplied with as much information as possible beforehand to enable them to play a much more active part in the debate. I will certainly examine that.

Question put and agreed to.
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