C1

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.

...

C2

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.

C3

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;

(c) in section 5, in subsection (1)(a), subparagraph (iii) 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,

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.”;

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.

(c) A person who—

(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”.

C4

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).

C5

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.

C6

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;

(c) in section 5, in subsection (1)(a), subparagraph (iii) 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

(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.”;

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), ‘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.

(c) A person who—

(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.”.

C7

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.

C8

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

(c) 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 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.”.

C9

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;

(c) the area chief executive of an Area Health Board.

(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.