Sidelining ombudsman unacceptable - Irish Water and accountability

It is a recurring, central theme in the discussion around how we might improve our public life that accountability remains little more than a notional principle, one that sounds good in a civics class — or even during an election campaign — but one we are not ready for just yet. Our indifference to the idea is a glaring weakness, a debilitating get-out-of-jail clause casting an opaque cloud over nearly everything we do.

Of course, it must be acknowledged that, when given the opportunity to give real investigative powers to our parliament so accountability could be established, the electorate thought better of it and, five years ago, rejected the 13th amendment proposed for our Constitution. The failure to adopt this change — designed to overturn the 2002 Maguire Vs. Ardagh Supreme Court ruling which so hinders public investigation — effectively rendered most public inquiries all but pointless and ensured they can never be transformative. Most remain floundering, peripheral sops thrown to an increasingly disenchanted and disinterested public — tragically the a-day-late-and-a-dollar-short banking inquiry must be so categorised, despite the best efforts of its members.

Just last week correspondence between the former governor of the Central Bank, Patrick Holohan, and Finance Minister Michael Noonan revealed how companies or individuals supplying information to the Central Bank to allow it shape policy faced no consequences if they lie. This seems so very bizarre, so very convenient for the financial sector, that it impossible not to be very critical of those who drew up and those who endorsed the legislation. The reforms proposed in this area cannot come quickly enough — nevertheless, it is fair to ask why they have not been implemented already.

An tÚdaras Póilineachta — the new Policing Authority — is another example of our make-me-pure-but-not-just-yet attitude. The body assumed its responsibilities on January 1 but it will not have the level of control over the gardaí that the Policing Board exercises over the Police Service of Northern Ireland. Most of its functions are consultant or advisory — it can bark but it cannot really bite. However, the authority will hold meetings with garda management in public, a novel process that will be revealing and challenging. Only time will tell if it might be reassuring or reforming.

Today we report on another instance where another agent of official Ireland is put beyond the reach of public scrutiny. Ombudsman Peter Tyndall has questioned why his office — the consumers’ public representative of last resort after all — cannot investigate complaints against Irish Water. Mr Tyndall argues that the veto means that Irish Water customers have no access to an independent grievance mechanism. This is unacceptable and adds another distasteful layer to what has been the single greatest failure of public administration, and of this Government, in recent decades. Though not directly connected, this brings Taoiseach Enda Kenny’s far too curt dismissal of the idea of a vote to copper-fasten Irish Water in public ownership to mind and suggests both issues — accountability to the ombudsman and protected public ownership — should be prioritised in the election campaign.