AOB consulted upon Reform of the Northern Ireland Ombudsman

On behalf of the members of the Austrian Ombudsman Board and as Secretary General of the International Ombudsman Institute (I.O.I.), Peter Kostelka pointed out the following points concerning the reform:  

• Best practise examples show that direct access and transparent structures are extremely important for citizens and the credibility of the ombudsman institution. Structural and organisational barriers should therefore be as low as possible and there should be no delay in the access to the ombudsman. Separate organisational structures very often result in a complexity, which does not support the work of the ombudsman institution.

• As a consequence, the suggested merger of the two statutory offices, that is the Assembly Ombudsman for Northern Ireland (AONI) and the Northern Ireland Commissioner for Complaints (NICC), would be a recommendable step. Possible confusions which arises from the differences between the statutory arrangements over access for the public could be avoided and the citizens’ perception that an ombudsman deals with all public administration problems would be reflected more accurately; a person who complains about different services provided by different bodies in relation to linked events should not be forced to launch two separate complaints to two separate offices.

• It is proposed that the ombudsman be authorised to co-operate with other ombudsmen in the UK and ROI when it appears to him that a matter or case investigation could be the subject of an investigation by that other ombudsman. This clearly would constitute an asset for the complainant and would further improve the quality of service that the ombudsman office offers to the citizens.

• The ombudsman is already actively involved in co operations with colleagues on a national and international level, but an additional legal provision would further strengthen this currently still informal aspect of his work.

• It is certainly highly recommendable to establish a direct reporting relationship for the ombudsman to one or several Committees of the Assembly. International best practise examples have clearly shown that this adds to the transparency of the ombudsman’s work and that it might be vital to ensure that recommendations of the ombudsman, aiming at a change in legislation, can be successfully implemented.