The role of the Office of the Ombudsman is to
examine complaints from members of the public who feel they have been unfairly
treated by certain public bodies.
Last week, the Ombudsman (Amendment) Act 2012 passed
its final stages in the Dáil granting further powers of independent
investigation to the Office of the Ombudsman. Some 140 government agencies were
added to the list including the third level sector, the National Treatment
Purchase Fund, Fas, the Irish Medical Council and the Family Support Agency.
However the agencies that deal with immigration and
asylum were expressly omitted. This is a level of oversight that the Department
of Justice seems to resist and has
proven to be a contentious issue.
If the Ombudsman were allowed to investigate
agencies like the Irish Naturalisation and Immigration Service and the Office of the Refugee Applications Commissioner, it would mean that immigrants and asylum seekers would be able to lodge a complaint with a body independent of the Department of
Justice in cases of poor administration. This would be likely to result in more
accountability and improved decision making processes in these areas.
Many other
European countries have this level of oversight in their equivalent immigration
services. For example the UK Parliamentary and Health Service Ombudsman can
deal with complaints relating to the Home office including the UK Border
Agency and Identity and Passport Service as well as the Immigration Services Commissioner.
While our
current Ombudsman Emily O’Reilly has noted that the Ombudsman
(Amendment) Act 2012 is an historical milestone for her office, she has said
that would like to see the agencies dealing with immigration and asylum come
under her offices remit also.
She expressed that it was a move that many, including the United Nations have
been calling for over the years.
Denise Charlton, chief executive of the Immigrant Council of Ireland (ICI), agreed
with Ms. O’Reilly stating that
"The Government's refusal to extend the Ombudsman's role to this area
not only leaves people without an independent avenue of complaint in cases of
poor administration, but in extreme cases can deny vulnerable migrants access
to emergency supports and services," she also noted that
“This failure not only lets down vulnerable migrants, but also a system
which has undergone many improvements in recent years."
The ICI has said it intends to ask the Department of Justice to
review the current position and meet with the Ombudsman to examine if any
interim steps can be taken to extend the protections of her office to those
using the Irish Naturalisation and Immigration Service.
The
general consensus on this issue seems to be that these Agencies should be held
to account in situations of unfair treatment and poor administration like other
public bodies.
Minister for
Justice and Equality, Alan Shatter, has promised that this issue will be
reviewed in future legislation.
Brophy Solicitors
31.10.12
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