I propose to take Questions Nos. 910 to 917, inclusive, together.
The Office to which the Deputy refers comprises six different statutory bodies; namely, the Office of the Ombudsman, the Office of the Information Commissioner, the Office of the Commissioner for Environmental Information, the Office of the Protected Disclosures Commissioner, the Commission for Public Service Appointments, and the Standards in Public Office Commission. These bodies have distinct legal personalities and exercise their statutory functions independently of each other, while being administratively amalgamated.
In accordance with legislation, the bodies share a single officeholder: the Ombudsman. Under Section 2 of the Ombudsman Act 1980, the Ombudsman is appointed by the President, upon resolution passed by both Houses of the Oireachtas recommending the appointment of that person. By virtue of holding the office of Ombudsman, the Ombudsman also holds the office of Protected Disclosures Commissioner (Section 10A of the Protected Disclosures Act 2014) and is a member of the Standards in Public Office Commission (Section 21 of the Ethics in Public Office Act 1995) and the Commission for Public Service Appointments (Section 12 of the Public Service Management (Recruitment and Appointments) Act 2004).
The same person who holds office as the Ombudsman has been appointed as Information Commissioner in accordance with Section 43 of the Freedom of Information Act 2014 and, by virtue of holding that office, also holds the office of the Commissioner for Environmental Information (Article 12 of the European Communities (Access to Information on the Environment) Regulations 2007). While the legislation does not require that the same person be appointed to these particular offices, it nonetheless envisages that this may be the case and, in practice, the same person has held both offices since their establishment.
The conferral of each of these functions onto the same person results in the officeholder being particularly well-placed to perform each of the functions. In the case, for example, of the most recently created office, the Protected Disclosures Commissioner, it is clear that the Oireachtas was aware of all of the other offices held by the Ombudsman and deliberately conferred this office onto the Ombudsman in that context. The High Court recently acknowledged the experience and expertise of the Protected Disclosures Commissioner in the context of the range of functions held by the same officeholder.
It has been the policy of Government that the bodies share a corporate framework under the rubric of the Office of the Ombudsman. The Office is funded on the basis of a direct Exchequer Vote (Vote 19), rather than other sources such as grants in aid. The Office is not, therefore, reliant on a Department or a Minister for funding. This model supports the independence of the individual bodies from Ministers and Government, with internal controls in place to support the functional independence of the individual bodies from each other.
In accordance with the model of providing funding through a single direct Vote, the bodies have a single Accounting Officer who is responsible for the governance of the Office. The Accounting Officer is supported by a Management Advisory Committee, including the Principal Officer in charge of each statutory body. The Management Advisory Committee supports the Accounting Officer in managing the Office’s staff and shared resources, while simultaneously protecting and preserving the statutory independence in the exercise of the functions of each of the constituent parts.
In order to function operationally, the statutory bodies share a common ‘corporate spine’ which includes HR, Communications, Procurement and ICT staff and systems. This provides expertise and specialist support in a range of technical areas, which might not be available to the smaller independent offices working alone. This approach gives the individual bodies functional independence in their core work, while allowing them to realise the benefits and economies of scale of shared systems.
To preserve the functional independence of each statutory office within this model, the Office ensures that all the casework, decision-making and personal data collected through each element of its functions is kept separate and is accessed only by staff working in that area. In carrying out their work, staff embrace the traditional obligations of privacy and integrity in the performance of official duties, while at the same time protecting and preserving the statutory independence and functions of each of the constituent offices in which they work.
In addition, the Ombudsman recuses himself from any decision where his prior involvement in the exercise of another statutory function would give rise to a reasonable apprehension of perceived bias. For example, where the Information Commissioner determines an appeal against an FOI decision of the Standards in Public Office Commission, the Ombudsman has no involvement in such an appeal and a decision is made by the Principal Officer using delegated powers. There are adequate delegated powers in place in each office to enable this to occur.
I trust this clarifies matters for the Deputy.