Ombudsman Act 1980
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.
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: ...
(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.”.
C19
Application of section extended (25.04.2004) by Ombudsman For Children Act 2002 (22/2002), s. 14, S.I. No. 925 of 2004.
Powers in respect of preliminary examinations and investigations.
14.—The Ombudsman for Children shall, in respect of preliminary examinations, or investigations, by him or her under this Act in relation to any action taken by or on behalf of a public body, school or voluntary hospital, have all the powers of the Ombudsman under section 7 of the Act of 1980 in respect of preliminary examinations, or investigations, by him or her under that Act, and that section shall apply to such examinations, or investigations, under this Act as it applies to such examinations, or investigations, under that Act with the following modifications—
(a) the reference in subsection (5) of that section to the Minister shall be construed as a reference to the Minister for Health and Children, with the consent of the Minister for Finance,
(b) the reference in subsection (7) of that section to section 4(7) of that Act shall be construed as a reference to section 10 (4),
and any other necessary modifications.