The annual report of the Ombudsman, Mr Kevin Murphy, makes for unhappy reading. In a society where serious efforts have been made to empower citizens through the Freedom of Information Act and other measures, many of the complaints received by his Office result from a lack of openness on the part of public bodies, or from a failure to give appropriate explanations for actions taken. And he correctly observes that the best way for a public body to promote confidence among its clients is to operate an open and effective communications policy.
Mr Murphy seeks to encourage good administrative practice, as well as to report on specific instances where citizens have been treated badly. And, with an eye to promised legislation in an Ombudsman (Amendment) Bill, he sets out new areas and responsibilities that would fit in with the existing work of his Office.
There is an element of empire-building in some of this. But sound administrative reasons have also been advanced for change. In 1995, the Ombudsman was given charge of the Public Offices Commission which deals with ethics in government, in politics and in the public service. Last year, he was appointed Information Commissioner to oversee the operation of the Freedom of Information Act. And now there are proposals to give the Office a role, as a non-judicial complaints mechanism, under the Belfast Agreement. This would apply both in relation to the proposed Human Rights Commission and in connection with the activities of cross-Border Implementation Bodies.
In seeking an extension to his remit, the point is well made that, almost uniquely in the European context, the Irish Ombudsman is precluded from dealing with complaints relating to the administration of prisons, the treatment of people in custody and of the law relating to refugees, asylum seekers, citizenship and naturalisation. That is an unfortunate situation. For, while the courts will remain the ultimate arbiter of human rights questions, there is value in a quick, inexpensive complaints system that is more accessible to citizens and non-nationals alike and is less formal. But granting new powers and responsibilities to an independent body is only one important aspect of reform. These responsibilities must be balanced by increased financial and human resources.
Although consistent pressure from the Ombudsman has caused the Government to address what he describes as "an instance of major maladministration" and pay contributory pension arrears to some citizens, action is still awaited in relation to the free school transport system. Mr Murphy says that Ministerial interference and discrimination against some children within the non-statutory system undermines public trust and confidence in the system. And he urges that free school transport, the funding of school buildings and other Department of Education schemes be placed on a statutory basis and be administered in a fair and open manner. The Government's response to that demand will have a direct bearing on how the Ombudsman's Office is regarded in the future.