Ombudsman Act, 1980

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Section 1

Definitions.

Section 2

Appointment and terms of office of the Ombudsman.

Section 3

Salary and pension.

Section 4

Functions of the Ombudsman.

Section 5

Exclusions.

Section 6

Reports etc., by the Ombudsman.

Section 7

Powers of the Ombudsman in respect of examinations and investigations.

Section 8

Conduct of investigations.

Section 9

Secrecy of information.

Section 10

Staff of the Ombudsman.

Section 11

Expenses.

Section 12

Short title and commencement.

FIRST SCHEDULE Departments of State and other persons subject to investigation SECOND SCHEDULE Persons not subject to investigation Number 26 of 1980 OMBUDSMAN ACT, 1980 AN ACT TO PROVIDE FOR THE APPOINTMENT AND FUNCTIONS OF AN OMBUDSMAN, AND FOR PURPOSES CONNECTED THEREWITH. [14th July, 1980] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Definitions.

1.—(1) In this Act, save where the context otherwise requires— “action” includes decision, failure to act and omission and cognate words shall be construed accordingly; “civil servant” has the meaning assigned to it by the Civil Service Regulation Act, 1956; “functions” includes powers and duties and a reference to the performance of a function includes, with respect to powers, a reference to the exercise of a power; “local authority” means a local authority for the purposes of the Local Government Act, 1941 ; “the Minister” means the Minister for the Public Service.

Appointment and term of office of the Ombudsman.

2.—(1) There is hereby established the office of Ombudsman and the holder of the office shall be known as the Ombudsman.

Salary and pension.

3.—(1) There shall be paid to the holder of the office of Ombudsman the same remuneration and allowances for expenses as are paid to a judge of the High Court.

Functions of the Ombudsman.

4.—(1) The Ombudsman shall be independent in the performance of his functions.

Exclusions.

5.—(1) The Ombudsman shall not investigate any action taken by or on behalf of a person— (a) if the action is one in relation to which— (i) the person affected by the action has initiated in any court civil legal proceedings and the proceedings have not been dismissed for failure to disclose a cause of action or a complaint justicable by that court whether the proceedings have been otherwise concluded or have not been concluded, (ii) the person affected by the action has a right, conferred by or under statute (within the meaning of section 3 of the Interpretation Act, 1937 ), of appeal, reference or review to or before a court in the State (not being an appeal, reference or review in relation to a decision of a court), or (iii) the person affected by the action has a right of appeal, reference or review to or before a person other than a Department of State or other person specified in Part I of the First Schedule to this Act, (b) if the action relates to or affects national security or military activity or (in the opinion of the Ombudsman) arrangements regarding participation in organisations of states or governments, (c) relating to recruitment or appointment to any office or employment in a Department of State or by any other person specified in the First Schedule to this Act, (d) relating to or affecting the terms or conditions— (i) upon and subject to which a person— (a) holds any office, or (b) is employed in a Department of State or by any other person mentioned in the First or Second Schedule to this Act, (ii) of a contract for services, (including the terms and conditions upon and subject to which pensions, gratuities or other superannuation benefits are payable to or in respect of the person or under the contract), (e) if the action is one— (i) taken in the administration of the law relating to aliens or naturalisation, or (ii) involving the exercise of the right or power referred to in Article 13.6 of the Constitution or the remission of any forfeiture or disqualification imposed by a Court exercising criminal jurisdiction, or (iii) taken in the administration of the prisons or other places for the custody of persons committed to custody by the Courts, (f) in— (i) a case where a complaint is made to the Ombudsman in relation to the action, if the complaint is not made before the expiration of 12 months from the time of the action or the time the person making the complaint became aware of the action, whichever is the later, (ii) any other case, if the investigation is not commenced before the expiration of 12 months from the time of the action, or

(g) if the action is taken before the commencement of this Act;

Provided that the Ombudsman may investigate the action notwithstanding that it is one to which paragraph (a) of this subsection relates if it appears to the Ombudsman that special circumstances make it proper to do so.

Provided also that the Ombudsman may investigate the action notwithstanding that the investigation would contravene paragraph (f) of this subsection if it appears to the Ombudsman that special circumstances make it proper to do so.

Reports etc., by the Ombudsman.

6.—(1) In any case where a complaint is made to the Ombudsman in relation to an action and the Ombudsman decides not to carry out an investigation under this Act into the action or to discontinue such an investigation, he shall send to the person who made the complaint a statement in writing of his reasons for the decision and, if the decision follows the receipt by the Ombudsman of a request under section 5

Powers of the Ombudsman in respect of examinations and investigations.

7.—(1) (a) The Ombudsman may, for the purposes of a preliminary examination, or an investigation, by him under this Act, require any person who, in the opinion of the Ombudsman, is in possession of information, or has a document or thing in his power or control, that is relevant to the examination or investigation to furnish that information, document or thing to the Ombudsman and, where appropriate, may require the person to attend before him for that purpose and the person shall comply with the requirements. (b) Paragraph (a) of this subsection does not apply to information or so much of a document as relates to decisions and proceedings of the Government or of any committee of the Government and for the purposes of this paragraph, a certificate given by the Secretary to the Government and certifying that any information or document or part of a document so relates shall be conclusive.

Conduct of investigations.

8.—(1) An investigation by the Ombudsman under this Act shall be conducted otherwise than in public.

Secrecy of information.

9.—(1) Information or a document or thing obtained by the Ombudsman or his officers in the course of, or for the purpose of, a preliminary examination, or investigation, under this Act shall not be disclosed except for the purposes of— (a) the examination or investigation and of any statement, report or notification to be made thereon under this Act, or (b) any proceedings for an offence under the Official Secrets Act, 1963 , alleged to have been committed in respect of information or a document or thing obtained by the Ombudsman or any of his officers by virtue of this Act, and the Ombudsman or his officers shall not be called upon to give evidence in any proceedings (other than such proceedings as aforesaid) of matters coming to his or their knowledge in the course of a preliminary examination, or an investigation, under this Act.

Staff of the Ombudsman.

10.—(1) (a) There shall be employed in the office of the Ombudsman so many officers and servants as the Minister shall from time to time determine. (b) The power of appointing a person to be an officer or servant of the Ombudsman shall be vested in the Minister.

Expenses.

11.—Any expenses incurred in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

Short title and commencement.

12.—(1) This Act may be cited as the Ombudsman Act, 1980.

FIRST SCHEDULE Departments of State and other persons subject to investigation

Section 4

.

PART I

Department of the Taoiseach Central Statistics Office State Paper Office Department of Finance Office of the Paymaster General National Savings Committee Revenue Commissioners Commissioners of Public Works State Laboratory Ordnance Survey Commissioner of Valuation and Chief Boundary Surveyor Stationery Office Department of the Public Service Civil Service Commissioners Local Appointments Commissioners Department of Justice Land Registry Registry of Deeds Public Record Office Commissioners of Charitable Donations and Bequests Department of the Environment Department of Education National Museum National Library Roinn na Gaeltachta Department of Agriculture Land Commission Department of Fisheries and Forestry Department of Labour Department of Industry, Commerce and Tourism Companies Registration Office Patents Office Registrar of Friendly Societies Department of Energy Department of Posts and Telegraphs Department of Defence Department of Transport Department of Foreign Affairs Department of Social Welfare Appeals Officers under the Social Welfare Acts Department of Health

PART II

The reference in Part I of this Schedule to the Revenue Commissioners does not include a reference to the Appeal Commissioners of Income Tax or their staff.

The reference in the said Part I to the Department of Justice does not include a reference to— An Garda Síochána the Courts, or the court officers mentioned in the Court Officers Acts 1926 to 1961, or in the Courts (Supplemental Provisions) Act, 1961 An Bord Uchtála The reference in the said Part I to the Land Commission does not include a reference to— the Judicial Commissioner and Appeals Tribunal Lay Commissioners in the exercise of their statutory reserved functions The reference in the said Part I to the Department of Labour does not include a reference to— the Employment Appeals Tribunal the Employment Equality Agency the Labour Court the Levy Appeals Tribunal Rights Commissioners the Secretariat to the Commission on Industrial Relations the Secretariat to the Employer-Labour Conference The reference in the said Part I to the Department of Industry, Commerce and Tourism does not include a reference to— the National Prices Commission An Coimisiún Dumpála the Restrictive Practices Commission the Examiner of Restrictive Practices the Director of Consumer Affairs The reference in the said Part I to the Department of Posts and Telegraphs does not include a reference to— the Post Office Users' Council the Broadcasting Complaints Commission The reference in the said Part I to the Department of Defence does not include a reference to— the Defence Forces the Army Pensions Board SECOND SCHEDULE Persons not subject to investigation

Section 4

.

Aer Lingus, Teoranta Aerlinte Éireann Teoranta Aer Rianta, Teoranta The Agency for Personal Service Overseas The Agricultural Credit Corporation, Limited Arramara Teoranta The Attorney General An Bord Altranais An Bord Fuinnimh Núicléigh An Bord Iascaigh Mhara An Bord Pleanála An Bord Rasaíochta Bord Fáilte Éireann Bord Gáis Éireann Bord na gCapall Bord na gCon Bord na Gaeilge Bord na Móna Bord na Radharcmhastóirí British & Irish Steam Packet Company Limited Ceimicí, Teoranta Central Bank of Ireland C.E.R.T., Limited An Coláiste Náisiúnta Ealaíne is Deartha An Chomhairle Ealaíon An Chomhairle Leabharlanna An Chomhairle Oiliúna (AnCO) An Chomhairle Oiliúna Talmhaíochta An Chomhairle Olla Comhlucht Siúicre Éireann, Teoranta Coras Beostoic agus Feola Coras Iompair Éireann Coras Tráchtála Cork District Milk Board The Dental Board The Director of Public Prosecutions Dublin District Milk Board Dublin Institute for Advanced Studies Electricity Supply Board The Fire Prevention Council An Foras Forbartha Teoranta An Foras Talúntais Fóir Teoranta Hospitals Trust Board The Industrial Credit Company, Limited Industrial Development Authority Institiúid Teangeolaíochta Éireann Institute for Industrial Research and Standards Iontaobhas Iascaigh Intíre Ioncorportha Irish Goods Council Irish Life Assurance Company Limited Irish National Petroleum Corporation Limited The Irish National Stud Company, Limited The Irish Productivity Centre Irish Shipping Limited Irish Steel Limited Kilkenny Design Workshops Limited Law Reform Commission Local Government Computer Services Board Local Government Staff Negotiations Board Medical Bureau of Road Safety The Medical Council Min Fhéir (1959) Teoranta National Board for Science and Technology National Building Agency Limited National Committee on Pilot Schemes to Combat Poverty National Council for Educational Awards National Economic and Social Council National Film Studios of Ireland Limited National Institute for Higher Education, Dublin National Institute for Higher Education, Limerick National Road Safety Association Nítrigin Éireann Teoranta Óstlanna Iompair Éireann Teoranta Pigs and Bacon Commission Radio Telefís Éireann Shannon Free Airport Development Company Limited St. Laurence's Hospital Board Thomond College of Education, Limerick Voluntary Health Insurance Board An tÚdarás Um Ard-Oideachas Údarás na Gaeltachta Boards of Conservators established by or under the Fisheries (Consolidation) Act, 1959 Bodies set up under the Health (Corporate Bodies) Act, 1961 Bodies set up under the Health Acts Local Authorities County Committees of Agriculture

Vocational Education Committees Old Age Pensions Committees and Sub-Committees Harbour Authorities scheduled to the Harbours Acts, 1946-1976 Acts Referred to Civil Service Commissioners Act, 1956 1956, No. 45 Civil Service Regulation Acts, 1956 and 1958 Court Officers Acts, 1926 to 1961 Court (Supplemental Provisions) Act, 1961 1961, No. 39 Fisheries (Consolidation) Act, 1959 1959, No. 14 Harbours Acts, 1946 to 1976 Health Acts, 1947 to 1970 Health (Corporate Bodies) Act, 1961 1961, No. 27 Interpretation Act, 1937 1937, No. 38 Local Government Act, 1941 1941, No. 23 Official secrets Act, 1963 1963, No. 1 Social Welfare Acts, 1952 to 1979 Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais