Ombudsman Act 1980
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
(c) the response (if any) made to that recommendation by the reviewable agency concerned.]
(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
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: ...
(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.”;
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