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Ombudsman does'nt regulate Comreg

  • 03-12-2003 11:09am
    #1
    wexfordman
    Closed Accounts Posts: 490 ✭✭


    Just got a reply from the ombudsman about a complaint I made to them about comreg (the one about call answering). They say and I quote:-

    T"he Ombudsman may investigate complaints against Government Departments and Offices, Local Authorities, Health Boards, and An Post. Her remit as outlined in the Ombudsman Act 1980, does not extend to examining complaints in relation to COMREG.

    I regret therefore that we cannot be of assistance to you in this matter."

    Who then can we complain about comreg to ?
    wexfordman


Comments

  • #2
    spongebob
    Closed Accounts Posts: 6,143 ✭✭✭spongebob


    There was no Minister of Communications in 1980 either, it was the minister of Posts and Telegraphs back then. There was no Comreg in 1980 and there was no ODTR either. Nevertheless there is a clear continuity of ministerial function.

    In 1980 the Ombudsman was given oversight of the Minister of P and T as follows

    Section 4 of the Act 1980 states.

    4.—(1) The Ombudsman shall be independent in the performance of his functions.
    (2) Subject to the provisions of this Act, 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—
    Irish Statute Book 1922 - 1998 © Irish Government 1999
    ( 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.
    Exclusions.

    Part ONE of Schedule One of the Ombudsman Act 1980 Explicitly mentions The Department of Posts and Telegraphs . Therefore the Ombudsman had oversight of the Dept (later the Department of Communications ) until 1996 and no problems.

    In 1996 , certain executive functions of the Department were transferred to the ODTR (later Comreg) in the Telecommunications (Misc Provisions Act) 1996 . The transfer of executive function from the Minister, detailed in Section 4 below, must have included the transfer of all appropriate oversight functions as well. Nothing in this Act EXEMPTS the ODTR (later Comreg) from the oversight provisions of the Ombudsmans office as the transferred functions detailed were not exempt in 1980 , nor in the 1996 Actand were not exempted at a later stage by statute.

    4.—
    (1) The administration and business in connection with the exercise, performance or execution of any of the functions transferred by subsection (2) are hereby transferred to the Director.
    (2) Subject to subsection (8), there are hereby transferred to the Director the functions vested in the Minister by or under—( a ) each of the provisions mentioned in column (3) of Part I of the Second Schedule of the Acts mentioned in column (2) of that Part opposite the mention of that provision, and( b ) each of the statutory instruments mentioned in Part II of the Second Schedule. (3) Anything commenced before the commencement of this section by or under the authority of the Minister may, in so far as it relates to functions transferred by this section, be carried on or completed on or after such commencement by the Director.


    Therefore the oversight function of the Ombudsman was transferred as well.

    Tell the Ombudsmans Office to read the 1996 Act and to explain how the ODTR 'slipped out' of their net as they see it.

    The Functions were transferred lawfully.

    (section 4 of the Ombudsman Act again)
    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 Irish Statute Book 1922 - 1998 © Irish Government 1999
    (being an action taken in the performance of administrative functions)

    Surely the ODTR (now Comreg) is carrying out a "Function" on "Behalf" of the "Department" since the Telecommunications (Misc Prov) Act 1996. Therefore they are covered in the 1980 Act and there is a clear continuity of executive function from 1980 onwards.

    Make sure you get their answer on paper this time.

    Lazy Gobsh1tes.

    M


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