Ombudsman Act 1980

Number 26 of 1980

OMBUDSMAN ACT 1980

REVISED

Updated to 2 April 2025

This Revised Act is an administrative consolidation of the Ombudsman Act 1980. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Merchant Shipping (Investigation of Marine Accidents) Act 2025 (2/2025), enacted 14 April 2025, and all statutory instruments up to and including the Policing, Security and Community Safety Act 2024 (Commencement) Order 2025 (S.I. No. 107 of 2025), made 2 April 2025, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.

Number 26 of 1980

OMBUDSMAN ACT 1980

REVISED

Updated to 2 April 2025

ARRANGEMENT OF SECTIONS

Section
1.	Definitions.
1A.	Reviewable agency.
2.	Appointment and terms of office of the Ombudsman.
3.	Salary and pension.
4.	Functions of the Ombudsman.
4A.	Duty on reviewable agencies to give assistance and guidance, etc.
5.	Exclusions.
6.	Reports etc., by the Ombudsman.
7.	Powers of the Ombudsman in respect of examinations and investigations.
8.	Conduct of investigations.
8A.	Reference of questions of law to High Court.
9.	Secrecy of information.
10.	Staff of the Ombudsman.
10A.	Use of title of ombudsman.
11.	Expenses.
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

REVISED

Updated to 2 April 2025

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:

Annotations

Modifications (not altering text):

Ombudsman exempted from data protection restrictions (4.05.2022) by Data Protection Act 2018 (Section 60(6)) (Office of the Ombudsman) Regulations 2022 (S.I. No. 221 of 2022), reg. 7.

Restriction of rights and obligations

7. (1) Subject to paragraph (2), the rights and obligations provided for in Articles 12 to 22 and Article 34, and Article 5 (in so far as any of its provisions correspond to the rights and obligations in Articles 12 to 22), of the Data Protection Regulation, in respect of processing to which these Regulations apply, are restricted to the extent that is -

(a) necessary to safeguard a relevant objective, and

(b) proportionate to the need to safeguard the relevant objective,

including, but not limited to, where the exercise of the right or compliance with the obligation, as the case may be -

(i) may interfere with -

(I) the performance by the Ombudsman of a relevant function,

(II) the independence of the Ombudsman in carrying out a relevant function, or

(III) the prohibitions and restrictions on the disclosure of information and documents under section 9(1) of the Ombudsman Act 1980,

(ii) would disclose that the Ombudsman is exercising a function in pursuit of a relevant objective, where such disclosure may prejudice the achievement of the relevant objective, or

(iii) would prevent the Ombudsman processing personal data for a period of time, where such delay to the processing may prejudice the achievement of a relevant objective.

...

Application of collectively cited Ombudsman Acts extended (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 69(2), S.I. No. 502 of 2013.

Referral of complaints to Ombudsman or Ombudsman for Children

69. (1) Nothing in this Part prohibits or prevents any person who is dissatisfied with a recommendation made or step taken in response to a complaint under this Part or with a review under this Part from referring the complaint to the Ombudsman or the Ombudsman for Children.

(2) For the purposes of the Ombudsman Acts 1980 to 2012 and the Ombudsman For Children Act 2002, any action taken by a service provider in relation to a service in respect of which the service provider has entered into an arrangement under section 56 or 58 is deemed to have been taken by the Agency.

Act applied with modifications (23.09.2011) by Disability Act 2005 (Code of Practice) (Declaration) Order 2011 (S.I. No. 484 of 2011), art. 2 and sch.

Section 40. Application of Ombudsman Act 1980

40. — Notwithstanding anything contained in the Ombudsman Act 1980, that Act shall apply to a determination of an inquiry officer or a decision of a complaints officer in relation to a sectoral plan with the following and any other necessary modifications as if it were an action taken by or on behalf of a Department of State:

(a) in section 1, in subsection (1), the following shall be inserted after the definitions of “functions”:

“ ‘head’, in relation to a public body, and ‘public body’, have the meanings assigned to them by the Disability Act 2005 ;”;

(b) in section 4, in subsection (2), the words from and including “(being an action taken in the performance of administrative functions)” to the end of the subsection and subsection (4) shall be deleted;

(d) in section 6, the following subsection shall be substituted for subsection (3):

“(3) Where, following an investigation under this Act into an action, it appears to the Ombudsman that, by reason of a failure to comply with a provision of Part 3 of the Disability Act 2005 or of a sectoral plan under that Part, the action adversely affected a person by or on whose behalf a complaint was made under section 38, or in accordance with the procedure for complaints provided for pursuant to section (31)(4)(b), of that Act or any other person and the Ombudsman considers that in all the circumstances he or she should do so, he or she may recommend to the head of the public body concerned or to any other person concerned—

(a) that the matter in relation to which the action was taken be further considered,

(b) that measures or specified measures be taken to remedy, mitigate or alter the adverse effect of the action,

and, if the Ombudsman thinks fit to do so, he or she may request the head of the public body or that other person to notify him or her within a specified time of his or her response to the recommendation.”;

and

(e) in section 7, the following subsection shall be inserted after subsection (1):

“(1A)(a) An officer of the Ombudsman authorised in writing in that behalf by the Ombudsman may, for the purposes of a preliminary examination or an investigation under section 4 in relation to a public body or any other person concerned carried out by virtue of section 40 of the Disability Act 2005 —

(i) at all reasonable times enter any premises occupied by the body or other person aforesaid,

(ii) search the premises and any books, documents or other records found there by him or her,

(iii) require any person on the premises who is employed by the body or other person to give to him or her such information within his or her knowledge or procurement (including, in the case of such information in a non-legible form, a reproduction of it in a legible form), or such records as aforesaid in his or her possession or within his or her procurement, as he or she may reasonably require for the purposes aforesaid,

(iv) examine and take copies of, or of extracts from, any such records as aforesaid and remove and retain any such records for such period as may be reasonable for further examination,

(v) require any such person as aforesaid who has in his or her possession any such records to retain them for such reasonable period as he or she may direct, and

(vi) take on to the premises and use there a camera or other recording apparatus or any other equipment, for the purpose of facilitating the proof of any non-compliance with Part 3 of the Disability Act 2005 found or suspected by the officer on the premises

(b) In paragraph (a), a ‘premises’ includes a structure or place and a vehicle, ship or other vessel and the reference to occupied in that paragraph shall be construed, in relation to a vehicle, ship or other vessel, as a reference to owned, used or operated.

(i) obstructs or impedes an officer of the Ombudsman while he or she is performing a function under this section,

(ii) fails or refuses to comply with a requirement under this section,

(iii) alters, disposes of or destroys any books, documents or other records which the person has been required under this section to give to such an officer or may reasonably expect to be required so to do, or

(iv) gives to such an officer information which is false or misleading in a material respect,

is guilty of an offence and is liable on summary conviction to a fine not exceeding €3,000.

(d) When performing any of his or her functions under this subsection, an officer of the Ombudsman shall, if so requested by any person affected, produce to the person his or her authorisation under paragraph (a) or a copy of it”.

Functions transferred and references to Minister for Finance construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

...

5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year	Short Title	Provision
(1)	(2)	(3)
...	...	...
No. 26 of 1980	Ombudsman Act 1980	The whole Act
...	...	...

The history of the Ministers concerned with the collectively cited Ombudsman Acts can be traced as follows:

• Functions transferred and references to the Minister for the Public Service construed as Finance (19.03.1987) by Public Service (Transfer of Departmental Administration and Ministerial Functions) Order 1987 (S.I. No. 81 of 1987).

Application of collectively cited Ombudsman Acts extended (1.01.2007) by Health Act 2004 (42/2004), s. 54(2), S.I. No. 651 of 2006.

Referral of complaints to Ombudsman or Ombudsman for Children.

54.—(1) Nothing in this Part prohibits or prevents any person who is dissatisfied with a recommendation made or step taken in response to a complaint under this Part or with a review under this Part from referring the complaint to the Ombudsman or the Ombudsman for Children.

(2) For the purposes of the Ombudsman Acts 1980 to 1984 and the Ombudsman for Children Act 2002, any action taken by a service provider in relation to a health or personal social service in respect of which the service provider has entered into an arrangement under section 38 or received assistance under section 39 is deemed to have been taken by the Executive.

Act applied with modifications (31.12.2005) by Disability Act 2005 (14/2005), s. 40, S.I. No. 474 of 2005.

Application of Ombudsman Act 1980

40.—Notwithstanding anything contained in the Ombudsman Act 1980, that Act shall apply to a determination of an inquiry officer or a decision of a complaints officer in relation to a sectoral plan with the following and any other necessary modifications as if it were an action taken by or on behalf of a [reviewable agency (within the meaning of that Act)]:

(a) in section 1, in subsection (1), the following shall be inserted after the definition of “functions”:

“‘head’, in relation to a public body, and ‘public body’, have the meanings assigned to them by the Disability Act 2005;”;

(b) in section 4, in subsection (2), the words from and including 'in the performance' to the end of the subsection and subsection (4) shall be deleted;

(d) in section 6, the following subsection shall be substituted for [subsections (3) and (3A)]:

“(3) Where, following an investigation under this Act into an action, it appears to the Ombudsman that, by reason of a failure to comply with a provision of Part 3 of the Disability Act 2005 or of a sectoral plan under that Part, the action adversely affected a person by or on whose behalf a complaint was made under section 38, or in accordance with the procedure for complaints provided for pursuant to section 31 (4)(b), of that Act or any other person and the Ombudsman considers that in all the circumstances he or she should do so, he or she may recommend to the head of the public body concerned or to any other person concerned—

(a) that the matter in relation to which the action was taken be further considered,

(b) that measures or specified measures be taken to remedy, mitigate or alter the adverse effect of the action, or

and

(e) in section 7, the following subsection shall be inserted after subsection (1):

“(1A) (a) An officer of the Ombudsman authorised in writing in that behalf by the Ombudsman may, for the purposes of a preliminary examination or an investigation under section 4 in relation to a public body or any other person concerned carried out by virtue of section 40 of the Disability Act 2005—

(i) at all reasonable times enter any premises occupied by the body or other person aforesaid,

(ii) search the premises and any books, documents or other records found there by him or her,

(iv) examine and take copies of, or of extracts from, any such records as aforesaid and remove and retain any such records for such period as may be reasonable for further examination,

(v) require any such person as aforesaid who has in his or her possession any such records to retain them for such reasonable period as he or she may direct, and

(vi) take on to the premises and use there a camera or other recording apparatus or any other equipment, for the purpose of facilitating the proof of any non-compliance with Part 3 of the Disability Act 2005 found or suspected by the officer on the premises.

(b) In paragraph (a), ‘premises’ includes a structure or place and a vehicle, ship or other vessel and the reference to occupied in that paragraph shall be construed, in relation to a vehicle, ship or other vessel, as a reference to owned, used or operated.

(i) obstructs or impedes an officer of the Ombudsman while he or she is performing a function under this section,

(ii) fails or refuses to comply with a requirement under this section,

(iv) gives to such an officer information which is false or misleading in a material respect,is guilty of an offence and is liable on summary conviction to a fine not exceeding €3,000.

Application of Act restricted (1.12.2005) by Ombudsman (Defence Forces) Act 2004 (36/2004), s. 4(7), S.I. No. 568 of 2005.

Functions of Ombudsman.

4.—...

(7) A member of the Defence Forces—

(a) who makes a complaint to the Ombudsman concerning an action taken by or on behalf of a civil servant shall not, subsequently, make a complaint about the same matter to the Ombudsman appointed under the Act of 1980, or

(b) who makes a complaint to the Ombudsman appointed under the Act of 1980 in relation to an action taken by or on behalf of a civil servant shall not, subsequently, make a complaint about the same matter to the Ombudsman.

Act applied with modifications (9.07.2005) by Commission to Inquire into Child Abuse (Amendment) Act 2005 (17/2005), s. 28(4), commenced on enactment.

Application for grants and consequential matters.

28.— ...

(4) Notwithstanding anything contained in the Ombudsman Act 1980, that Act shall apply to a decision of the Board under section 27 (1) with the following and any other necessary modifications as if it were an action taken by a [reviewable agency (within the meaning of that Act)]—

(a) in section 4, in subsection (2), the words from and including ["in the performance"] to the end of the subsection shall be deleted,

(b) in section 5, in subsection (1)(a), subparagraph (iii) shall be deleted, and

“(3) Where, following an investigation under this Act into an action, it appears to the Ombudsman that the action adversely affected a person by whom or on whose behalf an application was made under section 27 of the Commission to Inquire into Child Abuse (Amendment) Act 2005 and the Ombudsman considers that in all the circumstances he should do so, he may recommend to the Education (Former Residents of Certain Institutions for Children) Finance Board—

(a) that its decision on foot of that application be further considered,

(b) that measures or specified measures be taken to remedy, mitigate or alter the adverse effect of the action, or

(c) that the reasons for taking the action be given to the Ombudsman,and, if the Ombudsman thinks fit to do so, he may request that Board to notify him within a specified time of its response to the recommendation.”.

Functions transferred (1.01.2005) by Health Act 2004 (42/2004), s. 59, S.I. No. 887 of 2004.

Transfer of functions of specified bodies to Executive.

59.—(1) The functions that, immediately before the establishment day, were the functions of a specified body under or in connection with the enactments referred to in Schedule 3 are, by this Act, transferred to the Executive on that day.

(2) If a provision of an enactment referred to in Schedule 3, or a provision of an instrument made under such enactment, does not come into effect until on or after the establishment day, a function that on the passing of that enactment or the making of that instrument was assigned under or in connection with that provision to a specified body is, by this Act, transferred to the Executive on the commencement of that provision.

(3) The functions transferred by this Act to the Executive include the functions specified in any enactment referred to in Schedule 3 as a function of the following:

(a) the chief executive officer of a health board;

(b) the Regional Chief Executive of the Eastern Regional Health Authority;

(4) This section does not apply in relation to the functions of the Hospital Bodies Administrative Bureau.

...

SCHEDULE 3

Transfer of Functions and References to Functional Areas

...

44. Ombudsman Acts 1980 to 1984

...

C10

Act applied to certain bodies with modifications (2.12.1999) by British-Irish Agreement Act 1999 (1/1999), s. 50, S.I. No. 377 of 1999.

Application of Data Protection Act, 1988.

50. (1) In this section—

“the Act of 1980” means the Ombudsman Act, 1980;

“the Northern Ireland Ombudsman” means the person who performs in Northern Ireland functions corresponding to those of the Ombudsman.

(2) The Act of 1980 shall apply in relation to the Bodies with any necessary modifications and as if there were a reference to each of them in Part I of the First Schedule to that Act, but such application shall be restricted to actions taken in the State by or on behalf of a Body.

(3) During a preliminary examination or an investigation under the Act of 1980 of an action taken by or on behalf of a Body, the Ombudsman shall consult with the Northern Ireland Ombudsman in relation to the conduct of the examination or investigation and, where he or she considers it appropriate to do so, may make available to the Northern Ireland Ombudsman information (including a copy of a document) furnished to him or her for the purposes of the examination or investigation; but, any decision or recommendation falling to be made following such an examination or investigation shall be made solely by the Ombudsman and he or she shall furnish a statement in writing of any such decision or recommendation to the Northern Ireland Ombudsman.

(4) Where a complaint is made to the Northern Ireland Ombudsman in relation to an action taken in the State by or on behalf of a Body and the matter is referred to the Ombudsman by the Northern Ireland Ombudsman, the Act of 1980 shall apply as if a complaint in relation to the matter had been duly made under that Act to the Ombudsman.

(5) Where a complaint is made to the Ombudsman in relation to an action taken in Northern Ireland by or on behalf of a Body, he or she shall refer the matter to the Northern Ireland Ombudsman and shall furnish to him or her any information (including a copy of a document) in relation to the matter in his or her possession.

(6) The Ombudsman shall, when so requested by the Northern Ireland Ombudsman in relation to the investigation by the Ombudsman for Northern Ireland of an action taken in Northern Ireland by or on behalf of a Body, liaise and consult with him or her in relation to the matter.

C11

Application of Act restricted (15.07.1999) by Postal and Telecommunications Services (Amendment) Act 1999 (5/1999), s. 10, S.I. No. 220 of 1999. The company was Bord Telecom Éireann p.l.c.

Non-application of certain Acts.

10.—The Ombudsman Act, 1980, the Ethics in Public Office Act, 1995, the Prompt Payment of Accounts Act, 1997, and section 521 of the Taxes Consolidation Act, 1997, shall not apply to the company.

C12

Application of Act confirmed (6.04.1997) by Taxes Consolidation Act 1997 (39/1997), s. 1093, commenced as per s. 1097(2)(b)(i).

Disclosure of information to Ombudsman.

1093.—Any obligation to maintain secrecy or other restriction on the disclosure or production of information (including documents) obtained by or furnished to the Revenue Commissioners, or any person on their behalf, for taxation purposes, shall not apply to the disclosure or production of information (including documents) to the Ombudsman for the purposes of an examination or investigation by the Ombudsman under the Ombudsman Act, 1980, of any action (within the meaning of that Act) taken by or on behalf of the Revenue Commissioners, being such an action taken in the performance of administrative functions in respect of any tax or duty under the care and management of the Revenue Commissioners.

Editorial Notes:

Ombudsman may prosecute certain offences as provided (29.07.2005) by Disability Act 2005 (14/2005), s. 55(4)(b), S.I. No. 474 of 2005.

Previous affecting provision: certain records relating to an investigation or examination carried out by the Ombudsman under this Act excluded from application of Freedom of Information Act 1997 (21.04.1998) by Freedom of Information Act 1997 (13/1997), s. 46(1)(c)(iii), commenced as per s. 1(2); repealed (14.10.2014) by Freedom of Information Act 2014 (30/2014), s. 5 and sch. 4, commenced on enactment, subject to transitional provisions in ss. 43(1), 55.

Section 1

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;

F1["eligible person" means—

(a) a person other than a reviewable agency or an exempt agency, and

(b) a person (being an individual who constitutes, or is a member, officer, employee or agent of, a reviewable agency or an exempt agency) in that person’s private capacity;

"entity" means a person, body of persons, organisation or group, including, in particular, an organ of government, or an element of an organ of government, at national or local level;

"exempt agency" means—

(a) an entity specified in the Second Schedule,

(b) an element of a reviewable agency that is excluded from review by—

(i) Part II of the First Schedule, or

(ii) an order under section 1A or 4(10);]

“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 F2[Local Government Act 2001];

F2["Minister" means the Minister for Public Expenditure and Reform;

"reviewable agency" means—

(a) an entity (whether established before or after the enactment of the Ombudsman (Amendment) Act 2012) within the meaning of Part I of the First Schedule, except to the extent that any element of that entity is expressed by Part II of that Schedule or an order under section 4(10) to be excluded from review, and

(b) an entity declared by an order under section 1A to be a reviewable agency, except to the extent that any element of that entity is expressed by that order to be excluded.]

(2) Save where the context otherwise requires, references in this Act to any Department of State include references to the Minister of the Government having charge of that Department of State and to officers of that Minister of the Government and, if and so long as any of the functions of that Minister of the Government stand delegated to a Minister of State at a Department of State, include references to that Minister of State at a Department of State.

(3) Save where the context otherwise requires, references in this Act to F2[an entity (other than a Department of State) that is a reviewable agency or an exempt agency] include—

(a) as respects the business and functions of F2[the entity], references to the Department of State in which any of them are comprised and to the Minister of the Government having charge of that Department of State, and

(b) as respects functions in relation to F2[the entity] performed by a Department of State, references to that Department of State and to the Minister of the Government having charge of it,

and to officers of those Ministers of the Government and members, officers and staff of F2[the entity] and, if and so long as any of the functions of any of those Ministers of the Government stand delegated to a Minister of State at a Department of State, to that Minister of State at a Department of State.

Annotations

Amendments:

Inserted (31.10.2012, 30.04.2013) by Ombudsman (Amendment) Act 2012 (38/2012), s. 3(a)(i), commenced as per s. 1(3).

Substituted (31.10.2012, 30.04.2013) by Ombudsman (Amendment) Act 2012 (38/2012), s. 3(a)(ii), (iii), (b)(i), (ii), commenced as per s. 1(3).

Modifications (not altering text):

C13

Act applied with modifications (31.12.2005) by Disability Act 2005 (14/2005), s. 40(a), S.I. No. 474 of 2005.

Application of Ombudsman Act 1980

(a) in section 1, in subsection (1), the following shall be inserted after the definition of “functions”:

“ ‘head’, in relation to a public body, and ‘public body’, have the meanings assigned to them by the Disability Act 2005;”;

...

Section 1A

F3[ Reviewable agency.

1A.—(1) Subject to subsections (2) and (3), the Minister may, after consultation with the Ombudsman, the Ombudsman for Children and such committee of the Houses of the Oireachtas as he or she considers appropriate, and with the consent of such other Minister (if any) as appears to the Minister to be responsible for the entity in question, and having regard to the need to ensure appropriate accountability and oversight of entities referred to in this subsection, may by order declare to be a reviewable agency—

(a) an entity, being—

(i) a company established under the Companies Acts in pursuance of powers conferred by or under another enactment, or

(ii) any other entity, whether financed wholly or partly, or directly or indirectly, by means of moneys provided, or loans made or guaranteed, by a Minister of the Government or the issue of shares held by or on behalf of a Minister of the Government,

(b) any other entity on which functions in relation to the general public or a class of the general public stand conferred by any enactment (but only in respect of those functions),

(d) an entity (other than a subsidiary to which paragraph (c) relates) that is directly or indirectly controlled by an entity to which paragraph (a)(ii) or (b) relates.

(2) An order made under subsection (1) may exclude certain elements of that entity from review.

(3) Where an order is proposed to be made under subsection (1) and such order excludes certain elements of an entity from review, the proposed order shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each such House.]

Annotations

Amendments:

Inserted (31.10.2012, 30.04.2013) by Ombudsman (Amendment) Act 2012 (38/2012), s. 4, in effect as per s. 1(3).

Editorial Notes:

Power pursuant to subs. (1) exercised (24.08.2015) by Ombudsman Act 1980 (Section 1A) (No. 2) Order 2015 (S.I. No. 300 of 2015), in effect as per art. 2.

Previous affecting provision: power pursuant to section exercised by Ombudsman Act 1980 (Section 1A) Order 2015 (S.I. 270 of 2015); revoked (24.08.2015) by Ombudsman Act 1980 (Section 1A) (No. 2) Order 2015 (S.I. No. 300 of 2015), art. 7, in effect as per art. 2.

Section 2

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.

(2) The appointment of a person to be the Ombudsman shall be made by the President upon resolution passed by Dáil Éireann and by Seanad Éireann recommending the appointment of the person.

F4[(2A) Such appointment may be preceded by consideration by a committee of the Houses of the Oireachtas as may be designated by the Minister of a person proposed by the Government for such appointment.]

(3) A person appointed to be the Ombudsman—

(a) may at his own request be relieved of office by the President,

(b) may be removed from office by the President but shall not be removed from office except for stated misbehaviour F5[(including stated misbehavior in his or her capacity as the holder of the office of Protected Disclosures Commissioner established by section 10A of the Protected Disclosures Act 2014)], incapacity or bankruptcy and then only upon resolutions passed by Dáil Éireann and by Seanad Éireann calling for his removal,

F6[(c) shall in any case vacate the office on attaining the age of 70 years or, where a higher age is prescribed by order under section 3A(2) of the Public Service Superannuation (Miscellaneous Provisions) Act 2004 for the purposes of that Act, that age but, where the person is a new entrant (within the meaning of that Act) appointed on or after 1 April 2004, the requirement to vacate office on grounds of age shall not apply.]

(4) Subject to the provisions of this section, a person appointed to be the Ombudsman shall hold office for a term of 6 years and may be re-appointed to the office for a second or subsequent term.

(5) (a) Where a person who holds the office of Ombudsman is nominated either as a candidate for election to either House of the Oireachtas, the F4[European Parliament] or a local authority or as a member of Seanad Éireann or is appointed as a member of the F4[European Parliament] or a local authority, he shall thereupon cease to hold the office of Ombudsman.

(b) A person who is for the time being entitled—

(i) under the Standing Orders of either House of the Oireachtas to sit therein,

(ii) under the rules of procedure of the F4[European Parliament] to sit therein, or

(iii) under the standing orders of a local authority to sit as a member thereof,

shall, while so entitled, be disqualified for holding the office of Ombudsman.

(6) A person who holds the office of Ombudsman shall not hold any other office or employment in respect of which emoluments are payable or be a member of the Reserve Defence Force.

(7) F7[…]

Annotations

Amendments:

Substituted (31.10.2012, 30.04.2013) by Ombudsman (Amendment) Act 2012 (38/2012), s. 5, in effect as per s. 1(3).

Inserted (1.01.2023) by Protected Disclosures (Amendment) Act 2022 (27/2022), s. 34, S.I. No. 510 of 2022.

Substituted by Public Service Superannuation (Miscellaneous Provisions) Act 2004 (7/2004), ss. 2(7), 11(2) and sch. 2 part 3, as inserted (26.12.2018) by Public Service Superannuation (Age of Retirement) Act 2018 (39/2018), s. 7 and sch., commenced on enactment.

Deleted by Public Service Superannuation (Miscellaneous Provisions) Act 2004 (7/2004) ss. 2(7), 11(2) and sch. 2 part 3, as inserted (26.12.2018) by Public Service Superannuation (Age of Retirement) Act 2018 (39/2018), s. 7 and sch., commenced on enactment.

Modifications (not altering text):

C14

Application of subs. (6) restricted (14.10.2014) by Freedom of Information Act 2014 (30/2014), s. 43(5)(b), commenced as per s. 1(2)-(4).

Continuance of office of Information Commissioner

43....

(5) ...

(b) Section 2 (6) of the Ombudsman Act 1980 shall not apply to a person who holds the office of Ombudsman and also holds the office of Commissioner.

...

Editorial Notes:

Subs. (3)(b) is a relevant provision for purposes of inquiry into removal of certain office holders as provided (25.09.2013) by Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013 (33/2013), s. 9(6)(d), S.I. No. 362 of 2013.

Previous affecting provision: subss. (3)(c), (7) substituted (1.01.2013) by Public Service Pensions (Single Scheme and Other Provisions) Act 2012 (37/2012), s. 61, S.I. No. 574 of 2012; subsituted (26.12.2018) as per F-note above.

Previous affecting provision: subss. (3)(c), (7) substituted (25.03.2004) by Public Service Superannuation (Miscellaneous Provisions) Act 2004 (7/2004), s. 3 and sch. 2 part 2, commenced on enactment; substituted (1.01.2013) as per E-note above.

Previous affecting provision: application of subs. (6) restricted (21.04.1998) by Freedom of Information Act 1997 (13/1997), s. 33(5), commenced as per s. 1(2); repealed (14.10.2014) by Freedom of Information Act 2014 (30/2014), s. 5 and sch. 4, commenced on enactment, subject to transitional provisions in ss. 43(1), 55.

Section 3

Salary and pension.

3.—F8[(1) There shall be paid to the holder of the office of Ombudsman such remuneration and allowances for expenses as the Minister may determine.]

(2) (a) The Minister shall make and carry out, in accordance with its terms, a scheme or schemes for the granting of pensions, gratuities or other allowances on retirement or death to or in respect of persons who have held the office of Ombudsman.

(b) The Minister may at any time make and carry out, in accordance with its terms, a scheme or schemes amending or revoking a scheme under this section.

(c) A scheme under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and if either such House, within the next twenty-one days on which that House has sat after the scheme is laid before it, passes a resolution annulling the scheme, the scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

Annotations

Amendments:

Substituted (1.01.2012) by Financial Emergency Measures in the Public Interest (Amendment) Act 2011 (39/2011), s. 13(1), S.I. No. 683 of 2011, subject to transitional provision in subs. (2).

Editorial Notes:

Power pursuant to subs. (2) exercised (16.04.2003) by Ombudsman Superannuation (Amendment) Scheme 2003 (S.I. No. 167 of 2003).

E10

Power pursuant to subs. (2) exercised (5.10.1987 with retrospective effect from 1.01.1984) by Ombudsman (Spouses' and Children's) Contributory Pension Scheme 1989 (S.I. No. 269 of 1989), in effect as per art. 2.

E11

Power pursuant to subs. (2) exercised (1.01.1984) by Ombudsman Superannuation Scheme 1987 (S.I. No. 70 of 1987), in effect as per art. 2.

Section 4

Functions of the Ombudsman.

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

F9[(2) Subject to this Act, the Ombudsman may investigate any action taken by or on behalf of a reviewable agency in the performance of administrative functions where, having carried out a preliminary examination of the matter, it appears to the Ombudsman—

(a) that the action has or may have adversely affected an eligible person, and

(b) that the action was or may have been—

(i) taken without proper authority,

(ii) taken on irrelevant grounds,

(iii) the result of negligence or carelessness,

(iv) based on erroneous or incomplete information,

(v) improperly discriminatory,

(vi) based on an undesirable administrative practice,

(vii) a failure to comply with section 4A, or

(viii) otherwise contrary to fair or sound administration.

(3) The Ombudsman shall not investigate an action unless—

(a) a complaint in relation to the action has been made to the Ombudsman by or on behalf of an eligible person, or

(b) it appears to the Ombudsman (on his or her own motion or on foot of a communication from a person who is not, in respect of the complaint, an eligible person or a person referred to in subsection (4A)), having regard to all the circumstances, that an investigation under this section into the action would be warranted.

(4) The Ombudsman shall not investigate an action taken by or on behalf of an exempt agency, or an action taken by or on behalf of a reviewable agency excluded from review under this Act.]

F10[(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.]

(5) The Ombudsman may—

(a) having carried out a preliminary examination of the matter, decide not to carry out an investigation under this Act into an action in respect of which a complaint is made, or

(b) discontinue an investigation under this Act into such an action,

if he becomes of opinion that—

(i) the complaint is trivial or vexatious,

(ii) the person making the complaint has an insufficient interest in the matter, F11[…]

F9[(iii) the person making the complaint has not taken reasonable steps to seek redress in respect of the subject matter of the complaint or, having done so, has not been refused redress, or]

(iv) F10[satisfactory measures to remedy, mitigate or alter the adverse effect of the action on the person making the complaint have been, or are proposed to be, taken by the reviewable agency concerned.]

(6) It shall not be necessary for the Ombudsman to investigate an action under this Act if he is of opinion that the subject matter concerned has been, is being or will be sufficiently investigated in another investigation by the Ombudsman under this Act.

(7) An examination or investigation by the Ombudsman shall not affect the validity of the action investigated or any power or duty of the person who took the action to take further action with respect to any matters the subject of the examination or investigation.

(8) In determining whether to initiate, continue or discontinue an investigation under this Act, the Ombudsman shall, subject to the provisions of this Act, act in accordance with his own discretion.

(9) F11[…]

F10[(9A) Without prejudice to section 6(7), the Minister may designate a committee of the Houses of the Oireachtas to receive periodic reports from the Ombudsman and make recommendations to the Ombudsman regarding the exercise of his or her functions under this Act.]

F10[(10) (a) The Minister, after consultation with the Ombudsman, the Ombudsman for Children and such committee of the Houses of the Oireachtas as he or she considers appropriate, and with the consent of such other Minister (if any) as appears to the Minister to have responsibility for that entity, and having regard to the public interest and the need to ensure a balance between—

(i) appropriate accountability and oversight of entities subject to this Act, and

(ii) the ability of those entities to conduct adequately their affairs,

may by order declare an entity—

(I) to be an exempt agency (including an entity that immediately before the making of the order was a reviewable agency),

(II) specified in the Second Schedule to be a reviewable entity, or

(III) specified in Part II of the First Schedule to be a reviewable agency on the basis of different elements of that agency’s functions to those specified in that Part.

(b) An order made under paragraph (a) may specify the inclusion or exclusion of elements of an entity.

(c) Where an order is proposed to be made under paragraph (a), a draft of the order shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each such House.

(d) The Minister shall consult such committee of the Houses of the Oireachtas as he or she considers appropriate prior to taking any action under paragraph (c).]

F10[(11) Where a dispute arises between an entity and the Ombudsman as to whether an entity is a reviewable agency, the question shall be submitted to the Minister whose determination shall be binding.]

Annotations

Amendments:

Substituted (31.10.2012, 30.04.2013) by Ombudsman (Amendment) Act 2012 (38/2012), s. 6(a), (b), (c), in effect as per s. 1(3).

F10

Inserted (31.10.2012, 30.04.2013) by Ombudsman (Amendment) Act 2012 (38/2012), s. 6(a), (b), (c), in effect as per s. 1(3).

F11

Deleted (31.10.2012, 30.04.2013) by Ombudsman (Amendment) Act 2012 (38/2012), s. 6(b), (c), in effect as per s. 1(3).

Modifications (not altering text):

C15

Section applied with modifications (31.12.2005) by Disability Act 2005 (14/2005), s. 40(b), S.I. No. 474 of 2005.

Application of Ombudsman Act 1980

...

Editorial Notes:

E12

Power pursuant to subs. (10) exercised (4.09.2013) by Ombudsman Act 1980 (Section 4(10)) Order 2013 (S.I. No. 341 of 2013).

E13

Power pursuant to subs. (10) exercised (1.04.1985) by Ombudsman Act 1980 (Second Schedule) (Amendment) Order 1985 (S.I. No. 69 of 1985), in effect as per art. 1(2).

E14

Power pursuant to subs. (10) exercised (1.04.1985) by Ombudsman Act 1980 (First Schedule) (Amendment) Order 1986 (S.I. No. 66 of 1985), in effect as per art. 1(2).

E15

Power pursuant to subs. (10) exercised (1.04.1985) by Ombudsman Act (First Schedule) (Amendment) Order 1984 (S.I. No. 332 of 1984), in effect as per art. 1(2).

E16

Previous affecting provision: subs. (10)(c) substituted (21.11.1984) Ombudsman (Amendment) Act 1984 (19/1984), s. 1, commenced on enactment; subsection substituted (31.10.2012, 30.04.2013) as per F-note above.

Section 4A

F12[ Duty on reviewable agencies to give assistance and guidance, etc.

4A.—(1) This section applies when an action taken by or on behalf of a reviewable agency ("the agency") in the performance of administrative functions affects—

(a) a right, privilege or other benefit to which an eligible person is or may be entitled, or

(b) an obligation, liability, penalty or other detriment to which an eligible person is or may be subject.

(2) The agency shall, consistent with the resources available to the agency—

(a) give reasonable assistance and guidance to that person in any dealings of the person with the agency in relation to the action taken by the agency, having particular regard to the needs of the person as a result of any disability,

(b) ensure that the business of the person with the agency in relation to that action is dealt with properly, fairly, impartially and in a timely manner, and

(c) provide information to the person on any rights of appeal or review in respect of that action and on the procedures for, and any time limits applying to, the exercise of those rights.]

Annotations

Amendments:

F12

Inserted (31.10.2012, 30.04.2013) by Ombudsman (Amendment) Act 2012 (38/2012), s. 7, in effect as per s. 1(3).

Section 5

Exclusions.

5.—F13[(1) Subject to subsection (2), 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 justiciable 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 an enactment, 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 reviewable agency, who is independent in the performance of his or her functions in relation to the appeal, reference or review,

(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,

(i) recruitment or appointment to any office or employment, or

(ii) the terms and conditions (including the terms and conditions upon and subject to which pensions, gratuities or other superannuation benefits are payable), being—

(I) the terms and conditions upon and subject to which a person holds any office or is employed in any capacity, or

(II) the terms and conditions of a contract for services,

(d) if—

(i) in a case where a complaint is made to the Ombudsman in relation to the action, the complaint is not made before the expiration of 12 months from the time of the action or the time when the person making the complaint became aware of the action, whichever is the later, or

(ii) in any other case, a period of 12 months has elapsed since the time of the action,

(e) if the action was taken before the date on which the reviewable agency concerned first became subject to review under this Act, or was taken on a date on which the reviewable agency concerned was otherwise not subject to review under this Act,

(f) if the action is one to which section 8 of the Ombudsman for Children Act 2002 applies,

(g) if the action—

(i) falls within a category of complaint or dispute to which paragraph (a), (b) or (c) of subsection (2) of section 131 of the Pensions Act 1990 applies, and

(ii) is not excluded from the jurisdiction of the Pensions Ombudsman by virtue of regulations under paragraph (b) or (c) of subsection (7) of that section.

(2) Notwithstanding subsection (1), the Ombudsman—

(a) may investigate insurability and entitlement to benefit under the Social Welfare Consolidation Act 2005, and

(b) if it appears to the Ombudsman that special circumstances make it proper to do so, may investigate an action to which paragraph (a) or (d) of that subsection applies.]

F14[(2A) Subsection (1)(c) does not affect the power of the Ombudsman to investigate an action, taken within a reviewable agency having responsibility for the administration of laws relating to employment, that relates to a complaint made under such a law.]

(3) Where a Minister of the Government so requests in writing (and attaches to the request a statement in writing setting out in full the reasons for the request), the Ombudsman shall not investigate, or shall cease to investigate, an action specified in the request, being an action of—

(a) a Department of State whose functions are assigned to that Minister of the Government, or

(b) F13[a reviewable agency (other than a Department of State)] whose business and functions are comprised in such a Department of State or in relation to which functions are performed by that Department of State,

(whether or not all or any of the functions of that Minister of the Government stand delegated to a Minister of State at a Department of State).

Annotations

Amendments:

F13

Substituted (31.10.2012, 30.04.2013) by Ombudsman (Amendment) Act 2012 (38/2012), s. 8(a), (b), in effect as per s. 1(3).

F14

Inserted (31.10.2012, 30.04.2013) by Ombudsman (Amendment) Act 2012 (38/2012), s. 8(a), in effect as per s. 1(3).

Modifications (not altering text):

C16

Act applied with modifications (31.12.2005) by Disability Act 2005 (14/2005), s. 40(c), S.I. No. 474 of 2005.

Application of Ombudsman Act 1980

...

Editorial Notes:

E17

Previous affecting provision: subss. (1)(f), (g), amended, (gg) inserted (25.03.2004) by Ombudsman For Children Act 2002 (22/2002), s. 12; subsection substituted (31.10.2012, 30.04.2013) as per F-note above.

E18

Previous affecting provision: subs. (1)(gg) renumbered as (ggg) (28.03.2003) by Social Welfare (Miscellaneous Provisions) Act 2003 (4/2003), s. 22, commenced on enactment; subsection substituted (31.10.2012, 30.04.2013) as per F-note above.

E19

Previous affecting provision: subs. (1)(gg) inserted (2.09.2002) by Pensions (Amendment) Act 2002 (18/2002), s. 58(c), S.I. No. 398 of 2003; subsection substituted (31.10.2012, 30.04.2013) as per E-note above.

E20

Previous affecting provision: subss. (1)(f), (g) amended (2.09.2002) by Pensions (Amendment) Act 2002 (18/2002), s. 58(a), (b), S.I. No. 398 of 2003; substituted (25.03.2004) as per E-note above.

Section 6

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 (3) of this Act, a copy of the request and of the statement in writing of the reasons for the request attached to the request and he shall send to such other (if any) person as he considers appropriate such statement in writing in relation to the matter as he considers appropriate.

F15[(2) In any case where the Ombudsman conducts an investigation under this Act, the Ombudsman shall send a statement in writing of the results of the investigation to—

(a) the reviewable agency concerned,

(b) the Department of State in which are comprised the business and functions of, or which performs functions in relation to, a reviewable agency (other than a Department of State) to whom a statement is sent under paragraph (a),

(c) any other person who has or, in a case where a complaint in relation to the action the subject of the investigation has been made to the Ombudsman, is alleged in the complaint to have taken or authorised the action, and (d) any other person to whom the Ombudsman considers it appropriate to send the statement.

(3) Where, following an investigation under this Act into an action, it appears to the Ombudsman that the action adversely affected an eligible person and was of a kind referred to in section 4(2)(b), the Ombudsman—

(a) may recommend to the reviewable agency concerned—

(i) that the matter in relation to which the action was taken be further considered,

(ii) that measures or specified measures be taken to remedy, mitigate or alter the adverse affect of the action, or

(iii) that the reasons for taking the action be given to the Ombudsman,

and

(b) may also request that reviewable agency to notify the Ombudsman within a specified time of the agency’s response to the recommendation.

(3A) Where the Ombudsman makes a recommendation to a reviewable agency under subsection (3)(a)(ii) in relation to an action of a particular kind, the Ombudsman—

(a) may make a recommendation in general terms to such reviewable agencies as the Ombudsman considers appropriate with regard to remedying, mitigating or altering the adverse effect on eligible persons of actions of that kind by any such reviewable agency, and

(b) may also request any such reviewable agency to notify him or her within a specified time of the response of that reviewable agency to the recommendation.

(4) Where the Ombudsman carries out an investigation under this Act into an action the subject of a complaint referred to in section 4(3)(a), the Ombudsman shall notify the person who made the complaint of—

(a) the result of the investigation,

(b) the recommendation (if any) made under subsection (3)(a) in relation to the matter, and

(5) Where it appears to the Ombudsman that the measures taken or proposed to be taken in response to a recommendation under subsection (3) of this section are not satisfactory, he may, if he so thinks fit, cause a special report on the case to be included in a report under subsection (7) of this section.

(6) The Ombudsman shall not make a finding or criticism adverse to a person in a statement, recommendation or report under subsection (1), (3) or (5) of this section without having afforded to the person an opportunity to consider the finding or criticism and to make representations in relation to it to him.

(7) The Ombudsman shall cause a report on the performance of his functions under this Act to be laid before each House of the Oireachtas annually and may from time to time cause to be laid before each such House such other reports with respect to those functions as he thinks fit. The terms of a request under section 5 (3) of this Act and of the statement in writing of the reasons for the request attached to the request shall be included in a report under this section.

(8) For the purposes of the law of defamation, any such publication as is hereinafter mentioned shall be absolutely privileged, that is to say—

(a) the publication of any matter by the Ombudsman in making a report to either House of the Oireachtas for the purpose of this Act,

(b) the publication by the Ombudsman—

(i) to a person mentioned in subsection (1) of this section of a statement sent to that person in pursuance of that subsection,

(ii) to a person mentioned in subsection (2) of this section of a statement sent to that person in pursuance of that subsection,

(iii) to a person mentioned in subsection (3) of this section of a recommendation made to that person by the Ombudsman in pursuance of that subsection,

(iv) to a person mentioned in subsection (4) of this section of a notification given to that person pursuant to that subsection.

Annotations

Amendments:

F15

Substituted and inserted (31.10.2012) by Ombudsman (Amendment) Act 2012 (38/2012), s. 9, in effect as per s. 1(3).

Modifications (not altering text):

C17

Act applied with modifications (31.12.2005) by Disability Act 2005 (14/2005), s. 40(d), S.I. No. 474 of 2005.

Application of Ombudsman Act 1980

(d) in section 6, the following subsection shall be substituted for subsection (3):

(a) that the matter in relation to which the action was taken be further considered,

(b) that measures or specified measures be taken to remedy, mitigate or alter the adverse effect of the action, or

(c) that the reasons for taking the action be given to the Ombudsman,and, if the Ombudsman thinks fit to do so, he or she may request the head of the public body or that other person to notify him or her within a specified time of his or her response to the recommendation.”;

...

Section 7

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.

F16[(aa) A requirement under paragraph (a) shall be made by notice in writing given to the person to whom it is directed and shall specify the period within which and the place at which any information, document or thing is to be furnished to the Ombudsman or the place at which a person is to attend before the Ombudsman.]

(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.

F16[(c) If it appears to the Ombudsman that a person has failed to comply with a requirement under paragraph (a), the Ombudsman may apply to the Circuit Court for an order under paragraph (d).

(d) If, on an application under paragraph (c), the Circuit Court is satisfied as to the failure of the person concerned to comply with the requirement concerned, the Court may, subject to subsection (2), make an order directing that person to comply with the requirement.

(e) An application under paragraph (c) shall be made to the judge of the Circuit Court for the Dublin Circuit.]

(2) Subject to the provisions of this Act, a person to whom a requirement is addressed under this section shall be entitled to the same immunities and privileges as if he were a witness before the High Court.

(3) A person shall not by act or ommission obstruct or hinder the Ombudsman in the performance of his functions or do any other thing which would, if the Ombudsman were a court having power to commit for contempt of court, be contempt of such court.

(4) Any obligation to maintain secrecy or other restriction upon the disclosure of information obtained by or furnished to a Department of State or civil servant imposed by the Official Secrets Act, 1963, shall not apply to an examination or investigation by the Ombudsman under this Act, and, subject to section 9 (2) of this Act, the State shall not be entitled in relation to any such examination or investigation to any such privilege in respect of the production of documents or the giving of evidence as is allowed by law in legal proceedings.

(5) The Ombudsman may, if he thinks fit, pay to the person affected by an action in respect of which an investigation is held by the Ombudsman under this Act and to any other person who attends or furnishes information for the purposes of the investigation—

(a) sums in respect of travelling and subsistence expenses properly incurred by them, and

(b) allowances by way of compensation for loss of their time,

of such amount as may be determined by the Minister.

(6) A statement or admission made by a person in a preliminary examination, or investigation, under this Act by the Ombudsman shall not be admissible as evidence against that person in any criminal proceedings.

(7) Nothing in subsection (3) of this section shall be construed as applying to the taking of any such action as is mentioned in section 4 (7) of this Act.

Annotations

Amendments:

F16

Inserted (31.10.2012, 30.04.2013) by Ombudsman (Amendment) Act 2012 (38/2012), s. 10, in effect as per s. 1(3).

Modifications (not altering text):

C18

Act applied with modifications (31.12.2005) by Disability Act 2005 (14/2005), s. 40(e), S.I. No. 474 of 2005.