Calls for the Ombudsman’s powers to be further extended

The Ombudsman’s (Amendment) Act 2012 recently passed through the last stages of approval from the Dáil. This Act extends the remit of the Ombudsman to include a further 140 government agencies. The addition of these agencies signifies the most substantial changes to be made to the role of the Ombudsman since its conception. These additional areas include the third level sector, the National Treatment Purchase Fund, FÁS, the Irish Medical Council, the Family Support Agency and the Legal Aid Board.

 

The agencies that deal with immigration and asylum were expressly excluded. The Ombudsman, Emily O’Reilly, commenting on the omission, described the situation as a “vexed issue” and said that the Department of Justice has resisted independent oversight in these areas for years. Ms O’Reilly confirmed that despite the exclusion of these areas she will continue to interact with the Minister in relation to public bodies which remain outside of her responsibility but which may be appropriate for Ombudsman supervision.

 

If immigration and asylum agencies were within the remit of the Ombudsman then immigrants and asylum seekers would be able to lodge a complaint with a body which is independent of the Department of Justice. 

 

Inclusion of these areas has been a contentious issue for a number of years with the United Nations also recommending their inclusion. Campaigners including the Immigrant Council of Ireland have claimed that the Act leaves immigrants without an independent voice and feeling discriminated against. 

 

In response, the Minister for Defence and Equality, Alan Shatter, has pledged that asylum and immigration matters would be addressed in future legislation.