Bill will allow inspectors to evaluate more institutions
MARK HENNESSY
Thu, Jul 10, 2008
NEW LEGISLATION:THE OMBUDSMAN is to be given powers to investigate the treatment of members of the public by the National Treatment Purchase Fund, colleges and universities, the Courts Service and Vocational Education Committees (VECs).
Despite often-repeated calls by the Ombudsman, Emily O'Reilly, the Government has not yielded to her desire to be allowed to investigate the handling of asylum and immigration cases.
Announcing the Ombudsman (Amendment) Bill 2008, the Minister for Finance, Brian Lenihan, said it was an important milestone in the policy of increasing transparency and accountability in public administration.
Besides colleges, universities, VECs and the Courts Service, the Ombudsman will now be able to investigate Fás, the National Roads Authority, Dublin Transportation Office and other State bodies.
Public bodies covered by the Ombudsman will be legally obliged by the new legislation "consistent with its resources" to deal with people fairly and in a timely manner. In addition, the Government will in future be able to expand the scope of the Ombudsman, and allow other bodies to be brought under her remit using regulation rather than the slower method of legislation.
The Ombudsman will also be able to go to the High Court if investigators are denied information. In early 2007, the Ombudsman's powers were extended to inquiring into health boards and hospitals, which led to a significant 14 per cent increase last year in the numbers of cases lodged with her office, Ms O'Reilly said yesterday.
The latest changes will allow her office to investigate complaints made by the public against the administrative actions of public bodies - but not the policies dictated by the Oireachtas - which adversely affect individuals or companies.
Ms O'Reilly said the legislation giving the Ombudsman extra investigative powers had been long-awaited, but very welcome.
However, she said she was concerned by the Government's refusal to allow her officials the right to inquire into the handling of asylum and immigration cases by the Department of Justice, Equality and Law Reform, the Immigration and Naturalisation Service and other State bodies.
The Immigration, Residence and Protection Bill which proposes radical changes to the asylum system is due to be enacted this year and has been sharply criticised, she said, by the Irish Human Rights Commission, among others.
"As things stand, my office can only be of assistance to people with complaints in relation to issues such as the quality of accommodation for asylum seekers or complaints about delays, whereas I am unable to scrutinise complaints in relation to actions such as decisions to refuse family reunification applications, decisions to refuse leave to remain resident, etcetera," she said.
© 2008 The Irish Times
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