Page 232 - kdk-sempozyum-3
P. 232

The other issue we’ve heard about is that funding of the office helps to
               secure its independence and in the best arrangements that funding is
               provided by the parliament and not by the governments. In Ireland the
               ombudsman appointed by the president following a recommendation
               passed by the parliament. And such appointment can be proceeded by
               consideration by committee of a person proposed to be appointed as
               ombudsman and indeed appeared before a committee of the parliament
               before being appointed. Under the Irish legislation the ombudsman may
               be removed from office by the president but cannot be removed from
               office except for stated misbehavior which thus manage to avoid and
               incapacity or bankruptcy and then only when there is a resolution passed
               by both houses of the parliament. That is common to many jurisdictions
               and important in securing the independence of the office.
               Where  the  legislation  in  Ireland  says  that  the  ombudsman  will  be
               independent  in  the  performance  of  his  functions  I  am  obliged  to
               report annual rate the houses of parliament on the performance my
               duties. I may also from time to time lay investigational or other reports
               before houses as I see fit. Furthermore if following an investigation I
               make recommendations to review the body and its responses not in
               my view satisfactory I can lay a special report before the Houses of
               the Oireachtas. However the ombudsman legislation does not specify
               what action the parliament must take if I lay a special report and that
               is quite important as we’ve seen in Ireland and elsewhere.
               The Office of the Ombudsman in Ireland has been operating since 1984
               and has dealt with over 90,000 complaints to date. In that time the
               ombudsman is funded necessary to lay only four special report before
               the Houses of Parliament which means that out of all of the other cases
               only four of them have led to situations for bodies in jurisdiction have
               not immediately agreed to implement the recommendations. That is
               typical of some ombudsman where many of their recommendations
               are implemented as a matter of course by public bodies it partly shows
               that  the  scope  parliament  works  because  government  ministers  do
               not want to be held accountable for not doing what the ombudsman
               suggest but it also I think partly demonstrates that the situation when
               reports are not upheld is quite critical.
               Now, I want to talk not in detail on all of those reports but just to say
               a little about some of them, one of them was an issue about redress


                  rd
          230        |  3  INTERNATIONAL SYMPOSIUM ON OMBUDSMAN INSTITUTIONS
   227   228   229   230   231   232   233   234   235   236   237