Ombudsman Act, 1980

Reports etc., by the Ombudsman.

6.—(1) In any case where a complaint is made to the Ombudsman in relation to an action and the Ombudsman decides not to carry out an investigation under this Act into the action or to discontinue such an investigation, he shall send to the person who made the complaint a statement in writing of his reasons for the decision and, if the decision follows the receipt by the Ombudsman of a request under section 5 (3) of this Act, a copy of the request and of the statement in writing of the reasons for the request attached to the request and he shall send to such other (if any) person as he considers appropriate such statement in writing in relation to the matter as he considers appropriate.

(2) In any case where the Ombudsman conducts an investigation under this Act, he shall send a statement in writing of the results of the investigation to—

(a) the Department of State, or other person specified in Part I of the First Schedule to this Act, concerned,

(b) the Department of State in which are comprised the business and functions of, or which performs functions in relation to, any person (other than a Department of State) specified in the said Part I to whom a statement is sent under paragraph (a) of this subsection,

(c) any other person who has or, in a case where a complaint in relation to the action the subject of the investigation has been made to the Ombudsman, is alleged in the complaint to have taken or authorised the action, and

(d) any other person to whom he considers it appropriate to send the statement.

(3) Where, following an investigation under this Act into an action, it appears to the Ombudsman that the action adversely affected a person to whom paragraph (a) of section 4 (2) of this Act applies and fell within paragraph (b) of the said section 4 (2), he may recommend to the Department of State, or other person specified in Part I of the First Schedule to this Act, concerned—

(a) that the matter in relation to which the action was taken be further considered,

(b) that measures or specified measures be taken to remedy, mitigate or alter the adverse affect of the action, or

(c) that the reasons for taking the action be given to the Ombudsman,

and, if the Ombudsman thinks fit to do so, he may request the Department of State or other person aforesaid to notify him within a specified time of its or his response to the recommendation.

(4) Where the Ombudsman carries out an investigation under this Act into an action the subject of a complaint to him, he shall notify the person who made the complaint of the result of the investigation, the recommendation (if any) made by him under subsection (3) of this section in relation to the matter and the response (if any) made to it by the Department of State or other person to whom it was given.

(5) Where it appears to the Ombudsman that the measures taken or proposed to be taken in response to a recommendation under subsection (3) of this section are not satisfactory, he may, if he so thinks fit, cause a special report on the case to be included in a report under subsection (7) of this section.

(6) The Ombudsman shall not make a finding or criticism adverse to a person in a statement, recommendation or report under subsection (1), (3) or (5) of this section without having afforded to the person an opportunity to consider the finding or criticism and to make representations in relation to it to him.

(7) The Ombudsman shall cause a report on the performance of his functions under this Act to be laid before each House of the Oireachtas annually and may from time to time cause to be laid before each such House such other reports with respect to those functions as he thinks fit. The terms of a request under section 5 (3) of this Act and of the statement in writing of the reasons for the request attached to the request shall be included in a report under this section.

(8) For the purposes of the law of defamation, any such publication as is hereinafter mentioned shall be absolutely privileged, that is to say—

(a) the publication of any matter by the Ombudsman in making a report to either House of the Oireachtas for the purpose of this Act,

(b) the publication by the Ombudsman—

(i) to a person mentioned in subsection (1) of this section of a statement sent to that person in pursuance of that subsection,

(ii) to a person mentioned in subsection (2) of this section of a statement sent to that person in pursuance of that subsection,

(iii) to a person mentioned in subsection (3) of this section of a recommendation made to that person by the Ombudsman in pursuance of that subsection,

(iv) to a person mentioned in subsection (4) of this section of a notification given to that person pursuant to that subsection.