I move amendment No. 3:
In page 6, between lines 23 and 24, to insert the following:
"(4A) The Ombudsman shall not investigate a complaint by or on behalf of an individual into any action of or on behalf of another person where—
(a) that action—
(i) affects such individual by virtue of being a member, officer, employee or agent of an entity or entities, and
(ii) relates to the performance by such individual, whether alone or with others, of his or her functions as a member, officer, employee or agent of such entity or entities, and
(b) any such entity is financed wholly or partly, whether directly or indirectly, by means of moneys provided by, or loans made or guaranteed by, a Minister of the Government,
but the restriction by virtue of this subsection on the investigation of that action shall only be to the extent that it relates to the performance of such functions.",".
The effect of this amendment is to prevent the Ombudsman from investigating a complaint about an action that relates to a person's performance in work, where a complainant is working in an entity that is financed directly or indirectly out of moneys provided by a Minister of the Government.
The reason for this amendment is that at the moment under the 1980 Act, an individual employed in a reviewable or exempt agency can only go to the Ombudsman if he or she has been affected by an action in his or her private capacity. He or she cannot go to the Ombudsman in relation to any work or performance-related matter. In contrast, people employed in entities which are funded in part or in whole by the State but who do not work in bodies listed in either Schedule can go to the Ombudsman with regard to an action taken by a reviewable agency which relates to their own performance at work.
A practical example of this is in the case of teachers. With the expansion of the Ombudsman's remit to include vocational education committees, teachers from VEC schools will not now be able to take complaints to the Ombudsman other than in a private capacity. In contrast, if this amendment is not made, teachers in non-VEC schools would potentially be able to take a complaint to the Ombudsman, either individually or as a group, other than in their private capacity and with regard to their own performance at work. It is not appropriate that the Ombudsman would investigate actions on behalf of a complainant where the case involves that complainant's own performance at work. This amendment will make it clear that the Ombudsman will not investigate complaints relating to matters arising from the performance of a person's official function.