Ombudsman Act, 1980

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Functions of the Ombudsman.

4.—(1) The Ombudsman shall be independent in the performance of his functions.

(2) Subject to the provisions of this Act, the Ombudsman may investigate any action taken by or on behalf of a Department of State or other person specified in Part I of the First Schedule to this Act (being an action taken in the performance of administrative functions) where, upon having carried out a preliminary examination of the matter, it appears to the Ombudsman—

(a) that the action has or may have adversely affected a person (other than a Department of State or other person specified in the First or Second Schedule to this Act), and

(b) that the action was or may have been—

(i) taken without proper authority,

(ii) taken on irrelevant grounds,

(iii) the result of negligence or carelessness,

(iv) based on erroneous or incomplete information,

(v) improperly discriminatory,

(vi) based on an undesirable administrative practice, or

(vii) otherwise contrary to fair or sound administration.

(3) The Ombudsman shall not investigate an action unless—

(a) a complaint has been made to him in relation to the action by a person (other than a Department of State or other person specified in the First or Second Schedule to this Act), or

(b) it appears to him, having regard to all the circumstances, that an investigation under this section into the action would be warranted.

(4) The Ombudsman shall not investigate an action taken by or on behalf of a person specified in the Second Schedule to this Act.

(5) The Ombudsman may—

(a) having carried out a preliminary examination of the matter, decide not to carry out an investigation under this Act into an action in respect of which a complaint is made, or

(b) discontinue an investigation under this Act into such an action,

if he becomes of opinion that—

(i) the complaint is trivial or vexatious,

(ii) the person making the complaint has an insufficient interest in the matter, or

(iii) the person making the complaint has not taken reasonable steps to seek redress in respect of the subject matter of the complaint or, if he has, has not been refused redress.

(6) It shall not be necessary for the Ombudsman to investigate an action under this Act if he is of opinion that the subject matter concerned has been, is being or will be sufficiently investigated in another investigation by the Ombudsman under this Act.

(7) An examination or investigation by the Ombudsman shall not affect the validity of the action investigated or any power or duty of the person who took the action to take further action with respect to any matters the subject of the examination or investigation.

(8) In determining whether to initiate, continue or discontinue an investigation under this Act, the Ombudsman shall, subject to the provisions of this Act, act in accordance with his own discretion.

(9) Nothing in subsection (2) (a) or (3) (a) of this section shall be construed as prohibiting the investigation by the Ombudsman of—

(a) an action that, in the opinion of the Ombudsman, has or may have affected any individual other than in an official capacity, or

(b) an action the subject of a complaint to him by any individual acting other than in an official capacity.

(10) (a) The Government may, after consultation with the Ombudsman, by order amend the First Schedule to this Act and the said Schedule shall have effect in accordance with the terms of any orders under this paragraph.

(b) The Minister may, with the consent of any Minister of the Government to whom are assigned functions in relation to the person the subject of the amendment, by order amend the Second Schedule to this Act and the said Schedule shall have effect in accordance with the terms of any orders under this paragraph.

(c) Where an order is proposed to be made under this subsection, a draft thereof shall be laid before each House of the Oireachtas and if a resolution disapproving of the draft is passed by either such House within the next subsequent twenty-one days on which it has sat after the draft is laid before it, the order shall not be made.