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questions pertaining to insurance and maybe taxation of import.
This deviation I think it paves the way to resulting the controversy of
whether be the condition of the ombudsman is binding or not? Luckily
speaking now we are in Sudan we have come to an opinion that article
7 of the ombudsman legislation has to be amended to the effect
that the recommendation of the ombudsman should be binding and
mandatory upon the administration. Thank you very much.

PETER TYNDALL (Ombudsman of Ireland)

It is plenty of topics of conversation for ombudsman. And I
think for ombudsman who have a significant proportion of their
recommendations not implemented then the temptation to have
binding powers must be very high. I separately hold the office of
information commissioner for Ireland so that I am responsible for
freedom of information. And my decisions on freedom of information
are binding. They are binding in law subject only to an appeal to the
high court. What I find is five or six times a year I am in the high court
facing appeals against my decisions because my decisions are binding.
With my recommendations as ombudsman they are always
implemented. So, I think that the argument is not a simple one and as
somebody who has sets of powers the binding powers are the more
problematic ones in practice. In a democracy, in a well-functioning 3 rd INTERNATIONAL SYMPOSIUM ON OMBUDSMAN INSTITUTIONS
democracy with the ombudsman having the power of parliament to
help to make sure that any decisions are implemented then I think that
is a desirable position.
Sometimes the ombudsman, the case that Nikiforos mentioned the
case of Equitable Life which Ann Abraham as ombudsman in the
United Kingdom made recommendations and her recommendations
would have cost government, many millions of pounds. I think most
people would say that government should be able to make a decision
under those circumstances to whether to implement it or not. But
a parliament should be able to hold government to account on the
decision it made. So, generally I believe that not having binding
recommendation is a good thing and it also encourages us to settle
many more cases without coming to formal decisions which I think
is the greatest powers that the ombudsman institution has when
compared with the work of the courts. Thank you.

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