Ombudsman advises legal help for TDs

The Ombudsman, Mr Kevin Murphy, said yesterday that many TDs could not properly fulfil their role as legislators unless they …

The Ombudsman, Mr Kevin Murphy, said yesterday that many TDs could not properly fulfil their role as legislators unless they had the benefit of expert legal advice.

Speaking at a conference on good government at University College Dublin, Mr Murphy suggested that Oireachtas committees could have panels of independent experts at their disposal to help guide them on particularly complex pieces of legislation.

He said it was clear during a recent debate at the Joint Committee on Finance and the Public Service on amendments to the Freedom on Information Act that TDs and senators could benefit from such advice.

"I got a very strong feeling during my appearance before the committee that with one or two exceptions, even deputies and senators from the parties in Government began to recognise that they cannot properly fulfil their role as legislators unless they have some degree of independent and objective advice on particularly complex or technical bills," Mr Murphy said.

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However, he said, he was encouraged by signs that Oireachtas committees appeared to be increasingly willing to hold ministers to account.

He said the chairman of the Committee on Finance and the Public Service, Mr Seán Fleming TD, had convinced the Minister for Finance, Mr McCreevy, to accept the Ombudsman's recommendations that the State pay outstanding retrospective payments to widows.

Despite initial resistance, the Minister had decided that €7 million in interest payments due on tax rebates should be awarded to almost 1,000 widows.

Mr Murphy, who is scheduled to complete his term as Ombudsman and Information Commissioner in the summer, also criticised the restrictions of the whip system in the Oireachtas.

He said that backbench TDs should be able to express their own views outside the privacy of party meetings.

"Treating every piece of legislation as an issue of confidence is surely not necessary in a national parliament which is increasing in maturity and confidence.

"Nor should anyone assume that the party to which they give allegiance has a monopoly of wisdom," he said.

Mr Murphy also questioned aspects of the stance of the Minister for Justice in relation to the provision of social and economic rights.

Earlier this month the Minister, Mr McDowell, said that rights to health, education, housing and other social services should be "rationed" by queuing, price or other mechanisms.

However, Mr Murphy, questioned whether the manner in which people were queuing for services was fair or equitable.

Carl O'Brien

Carl O'Brien

Carl O'Brien is Education Editor of The Irish Times. He was previously chief reporter and social affairs correspondent