lrc_1980_act_26

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LRC Revised Act

OMBUDSMAN ACT 1980 REVISED Updated to 2 April 2025 (LRC Revised) Open official source

Number 26 of 1980

OMBUDSMAN ACT 1980

REVISED

Updated to 2 April 2025

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This Revised Act is an administrative consolidation of the

Ombudsman Act 1980

. It is prepared by the Law Reform Commission in accordance with its function under

the

Law Reform Commission Act 1975

(3/1975) to keep the law under review and to undertake revision and consolidation

of statute law.

All Acts up to and including the

Merchant Shipping (Investigation of Marine Accidents) Act 2025

(2/2025), enacted 14 April 2025, and all statutory instruments up to and including

the

Policing, Security and Community Safety Act 2024 (Commencement) Order 2025

(S.I. No. 107 of 2025), made 2 April 2025, were considered in the preparation of

this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act,

the Law Reform Commission can assume no responsibility for and give no guarantees,

undertakings or warranties concerning the accuracy, completeness or up to date nature

of the information provided and does not accept any liability whatsoever arising from

any errors or omissions. Please notify any errors, omissions and comments by email

revisedacts@lawreform.ie.

Number

1980

OMBUDSMAN ACT 1980

REVISED

Updated to 2 April 2025

ARRANGEMENT OF SECTIONS

Section

Definitions.

1A.

Reviewable agency.

Appointment and terms of office of the Ombudsman.

Salary and pension.

Functions of the Ombudsman.

4A.

Duty on reviewable agencies to give assistance and guidance, etc.

Exclusions.

Reports etc., by the Ombudsman.

Powers of the Ombudsman in respect of examinations and investigations.

Conduct of investigations.

8A.

Reference of questions of law to High Court.

Secrecy of information.

10.

Staff of the Ombudsman.

10A.

Use of title of ombudsman.

11.

Expenses.

12.

Short title and commencement.

FIRST SCHEDULE

Departments of State and other persons subject to investigation

SECOND SCHEDULE

Persons not subject to investigation

Number

1980

OMBUDSMAN ACT 1980

REVISED

Updated to 2 April 2025

AN ACT TO PROVIDE FOR THE APPOINTMENT AND FUNCTIONS OF AN OMBUDSMAN, AND FOR PURPOSES

CONNECTED THEREWITH. [14

th July,

1980]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS

Annotations

Modifications (not

altering text)

Ombudsman exempted

from data protection restrictions (4.05.2022) by

Data Protection Act 2018

(Section 60(6)) (Office of the Ombudsman) Regulations 2022

(S.I. No.

221 of 2022), reg. 7.

Restriction of rights and

obligations

7. (1) Subject to paragraph

(2), the rights and obligations provided for in Articles 12 to 22 and

Article 34, and Article 5 (in so far as any of its provisions correspond to

the rights and obligations in Articles 12 to 22), of the Data Protection

Regulation, in respect of processing to which these Regulations apply, are

restricted to the extent that is -

(a) necessary to safeguard a

relevant objective, and

(b) proportionate to the

need to safeguard the relevant objective,

including, but not limited

to, where the exercise of the right or compliance with the obligation, as

the case may be -

(i) may interfere with -

(I) the performance by the

Ombudsman of a relevant function,

(II) the independence of

the Ombudsman in carrying out a relevant function, or

(III) the prohibitions and

restrictions on the disclosure of information and documents under section

9(1) of the Ombudsman Act 1980,

(ii) would disclose that the

Ombudsman is exercising a function in pursuit of a relevant objective, where

such disclosure may prejudice the achievement of the relevant objective, or

(iii) would prevent the

Ombudsman processing personal data for a period of time, where such delay to

the processing may prejudice the achievement of a relevant objective.

...

Application of

collectively cited

Ombudsman Acts

extended (1.01.2014) by

Child

and Family Agency Act 2013

(40/2013), s. 69(2), S.I. No. 502 of

2013.

Referral of complaints to

Ombudsman or Ombudsman for Children

69. (1) Nothing in this Part

prohibits or prevents any person who is dissatisfied with a recommendation

made or step taken in response to a complaint under this Part or with a

review under this Part from referring the complaint to the Ombudsman or the

Ombudsman for Children.

(2) For the purposes of the Ombudsman Acts

1980 to 2012 and the Ombudsman For Children Act 2002, any action taken by a

service provider in relation to a service in respect of which the service

provider has entered into an arrangement under section 56 or 58 is deemed to

have been taken by the Agency.

Act applied with

modifications (23.09.2011) by

Disability Act 2005 (Code of Practice)

(Declaration) Order 2011

(S.I. No. 484 of 2011), art. 2 and sch.

Section 40. Application of

Ombudsman Act 1980

40. — Notwithstanding

anything contained in the Ombudsman Act 1980, that Act shall apply to a

determination of an inquiry officer or a decision of a complaints officer in

relation to a sectoral plan with the following and any other necessary

modifications as if it were an action taken by or on behalf of a Department

of State

(a) in section 1, in

subsection (1), the following shall be inserted after the definitions of

“functions”

“ ‘head’, in relation to a

public body, and ‘public body’, have the meanings assigned to them by the

Disability Act 2005 ;”;

(b) in section 4, in

subsection (2), the words from and including “(being an action taken in the

performance of administrative functions)” to the end of the subsection and

subsection (4) shall be deleted;

subsection (1)(a), subparagraph (iii) shall be deleted;

(d) in section 6, the

following subsection shall be substituted for subsection (3)

“(3) Where, following an

investigation under this Act into an action, it appears to the Ombudsman

that, by reason of a failure to comply with a provision of Part 3 of the

Disability Act 2005 or of a sectoral plan under that Part, the action

adversely affected a person by or on whose behalf a complaint was made under

section 38, or in accordance with the procedure for complaints provided for

pursuant to section (31)(4)(b), of that Act or any other person and the

Ombudsman considers that in all the circumstances he or she should do so, he

or she may recommend to the head of the public body concerned or to any

other person concerned—

(a) that the matter in

relation to which the action was taken be further considered,

(b) that measures or

specified measures be taken to remedy, mitigate or alter the adverse effect

of the action,

taking the action be given to the Ombudsman,

and, if the Ombudsman thinks

fit to do so, he or she may request the head of the public body or that

other person to notify him or her within a specified time of his or her

response to the recommendation.”;

and

(e) in section 7, the

following subsection shall be inserted after subsection (1)

“(1A)(a) An officer of the

Ombudsman authorised in writing in that behalf by the Ombudsman may, for the

purposes of a preliminary examination or an investigation under section 4 in

relation to a public body or any other person concerned carried out by

virtue of section 40 of the Disability Act 2005 —

(i) at all reasonable times

enter any premises occupied by the body or other person aforesaid,

(ii) search the premises

and any books, documents or other records found there by him or her,

(iii) require any person on

the premises who is employed by the body or other person to give to him or

her such information within his or her knowledge or procurement (including,

in the case of such information in a non-legible form, a reproduction of it

in a legible form), or such records as aforesaid in his or her possession or

within his or her procurement, as he or she may reasonably require for the

purposes aforesaid,

(iv) examine and take

copies of, or of extracts from, any such records as aforesaid and remove and

retain any such records for such period as may be reasonable for further

examination,

(v) require any such person

as aforesaid who has in his or her possession any such records to retain

them for such reasonable period as he or she may direct, and

(vi) take on to the

premises and use there a camera or other recording apparatus or any other

equipment, for the purpose of facilitating the proof of any non-compliance

with Part 3 of the Disability Act 2005 found or suspected by the officer on

the premises

(b) In paragraph (a), a

‘premises’ includes a structure or place and a vehicle, ship or other vessel

and the reference to occupied in that paragraph shall be construed, in

relation to a vehicle, ship or other vessel, as a reference to owned, used

or operated.

(i) obstructs or impedes an

officer of the Ombudsman while he or she is performing a function under this

section,

(ii) fails or refuses to

comply with a requirement under this section,

(iii) alters, disposes of

or destroys any books, documents or other records which the person has been

required under this section to give to such an officer or may reasonably

expect to be required so to do, or

(iv) gives to such an

officer information which is false or misleading in a material respect,

is guilty of an offence and

is liable on summary conviction to a fine not exceeding €3,000.

(d) When performing any of

his or her functions under this subsection, an officer of the Ombudsman

shall, if so requested by any person affected, produce to the person his or

her authorisation under paragraph (a) or a copy of it”.

Functions transferred and references

to Minister for Finance construed (29.07.2011) by

Finance (Transfer of

Departmental Administration and Ministerial Functions) Order 2011

(S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per

art. 1(2), subject to transitional provisions in arts. 6-9.

2. (1) The administration and business in

connection with the performance of any functions transferred by this Order

are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance

contained in any Act or instrument made thereunder and relating to the

administration and business transferred by paragraph (1) shall, on and after

the commencement of this Order, be construed as references to the Department

of Public Expenditure and Reform.

3. The functions conferred on

the Minister for Finance by or under the provisions of —

(

) the enactments

specified in Schedule 1, and

(

) the statutory

instruments specified in Schedule 2,

are transferred to the

Minister for Public Expenditure and Reform.

...

5. References to the Minister

for Finance contained in any Act or instrument under an Act and relating to

any functions transferred by this Order shall, from the commencement of this

Order, be construed as references to the Minister for Public Expenditure and

Reform.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and

Year

Short

Title

Provision

(1)

(2)

(3)

...

No. 26 of

1980

Ombudsman

Act 1980

The whole

Act

...

The history of the Ministers

concerned with the collectively cited

Ombudsman Acts

can be traced as

follows

• Functions

transferred and references to the Minister for the

Public Service

construed as

Finance

(19.03.1987) by

Public Service (Transfer of

Departmental Administration and Ministerial Functions) Order 1987

(S.I. No. 81 of 1987).

Application of

collectively cited

Ombudsman Acts

extended (1.01.2007) by

Health

Act 2004

(42/2004), s. 54(2), S.I. No. 651 of 2006.

Referral of complaints to

Ombudsman or Ombudsman for Children.

54.

—(1) Nothing in

this Part prohibits or prevents any person who is dissatisfied with a

recommendation made or step taken in response to a complaint under this Part

or with a review under this Part from referring the complaint to the

Ombudsman or the Ombudsman for Children.

(2) For the purposes of the

Ombudsman Acts 1980 to 1984 and the Ombudsman for Children Act 2002, any

action taken by a service provider in relation to a health or personal

social service in respect of which the service provider has entered into an

arrangement under section 38 or received assistance under section 39 is

deemed to have been taken by the Executive.

Act applied with modifications

(31.12.2005) by

Disability Act 2005

(14/2005), s. 40, S.I. No. 474 of

2005.

Application of Ombudsman

Act 1980

40.

—Notwithstanding anything

contained in the Ombudsman Act 1980, that Act shall apply to a determination

of an inquiry officer or a decision of a complaints officer in relation to a

sectoral plan with the following and any other necessary modifications as if

it were an action taken by or on behalf of a

[

reviewable agency

(within the meaning of that Act)

]

(

) in section 1, in

subsection (1), the following shall be inserted after the definition of

“functions”

“‘head’, in relation to a

public body, and ‘public body’, have the meanings assigned to them by

the Disability Act 2005;”;

(

) in section 4, in subsection (2),

the words from and including 'in the performance' to the end of the

subsection and subsection (4) shall be deleted;

(

) in section 5, in

subsection (1)(a), subparagraph (iii) shall be deleted;

(

) in section 6, the following

subsection shall be substituted for

[

subsections (3) and

(3A)

]

“(3) Where, following an

investigation under this Act into an action, it appears to the Ombudsman

that, by reason of a failure to comply with a provision of

Part 3

the

Disability Act 2005

or of a sectoral plan under that Part,

the action adversely affected a person by or on whose behalf a complaint was

made under

section 38

, or in accordance with the procedure for

complaints provided for pursuant to

section 31 (4)(b)

, of that Act or

any other person and the Ombudsman considers that in all the circumstances

he or she should do so, he or she may recommend to the head of the public

body concerned or to any other person concerned—

(

) that the matter

in relation to which the action was taken be further considered,

(

) that measures or

specified measures be taken to remedy, mitigate or alter the adverse effect

of the action, or

(

) that the reasons

for taking the action be given to the Ombudsman,

and, if the Ombudsman thinks fit to do so,

he or she may request the head of the public body or that other person to

notify him or her within a specified time of his or her response to the

recommendation.”;

and

(

) in section 7, the

following subsection shall be inserted after subsection (1)

“(1A) (

) An officer

of the Ombudsman authorised in writing in that behalf by the Ombudsman may,

for the purposes of a preliminary examination or an investigation under

section 4 in relation to a public body or any other person concerned carried

out by virtue of

section 40

of the

Disability Act

2005

—

(i) at all reasonable times

enter any premises occupied by the body or other person aforesaid,

(ii) search the premises

and any books, documents or other records found there by him or her,

(iii) require any person on

the premises who is employed by the body or other person to give to him or

her such information within his or her knowledge or procurement (including,

in the case of such information in a non-legible form, a reproduction of it

in a legible form), or such records as aforesaid in his or her possession or

within his or her procurement, as he or she may reasonably require for the

purposes aforesaid,

(iv) examine and take

copies of, or of extracts from, any such records as aforesaid and remove and

retain any such records for such period as may be reasonable for further

examination,

(v) require any such person

as aforesaid who has in his or her possession any such records to retain

them for such reasonable period as he or she may direct, and

(vi) take on to the

premises and use there a camera or other recording apparatus or any other

equipment, for the purpose of facilitating the proof of any non-compliance

with

Part 3

of the

Disability Act 2005

found or suspected

by the officer on the premises.

(

) In paragraph

(

), ‘premises’ includes a structure or place and a vehicle, ship

or other vessel and the reference to occupied in that paragraph shall be

construed, in relation to a vehicle, ship or other vessel, as a reference to

owned, used or operated.

(

) A person

who—

(i) obstructs or impedes an

officer of the Ombudsman while he or she is performing a function under this

section,

(ii) fails or refuses to

comply with a requirement under this section,

(iii) alters, disposes of

or destroys any books, documents or other records which the person has been

required under this section to give to such an officer or may reasonably

expect to be required so to do, or

(iv) gives to such an

officer information which is false or misleading in a material respect,is

guilty of an offence and is liable on summary conviction to a fine not

exceeding €3,000.

(

) When performing

any of his or her functions under this subsection, an officer of the

Ombudsman shall, if so requested by any person affected, produce to the

person his or her authorisation under paragraph (

) or a copy of

it.”.

Application of Act restricted

(1.12.2005) by

Ombudsman (Defence Forces) Act 2004

(36/2004), s.

4(7), S.I. No. 568 of 2005.

Functions of Ombudsman.

—...

(7) A member of the Defence

Forces—

(

) who makes a complaint to the

Ombudsman concerning an action taken by or on behalf of a civil servant

shall not, subsequently, make a complaint about the same matter to the

Ombudsman appointed under the Act of 1980, or

(

) who makes a complaint to the

Ombudsman appointed under the Act of 1980 in relation to an action taken by

or on behalf of a civil servant shall not, subsequently, make a complaint

about the same matter to the Ombudsman.

Act applied with modifications

(9.07.2005) by

Commission to Inquire into Child Abuse (Amendment) Act

2005

(17/2005), s. 28(4), commenced on enactment.

Application for grants and

consequential matters.

28.

— ...

(4) Notwithstanding anything contained in

the Ombudsman Act 1980, that Act shall apply to a decision of the Board

under

section 27 (1)

with the following and any other necessary

modifications as if it were an action taken by a

[

reviewable agency

(within the meaning of that Act)

]

—

(

) in section 4, in subsection (2),

the words from and including

[

"in the performance"

]

to the end

of the subsection shall be deleted,

(

) in section 5, in subsection

(1)(

), subparagraph (iii) shall be deleted, and

(

) in section 6, the following

subsection shall be substituted for

[

subsections (3) and

(3A)

]

“(3) Where, following an investigation

under this Act into an action, it appears to the Ombudsman that the action

adversely affected a person by whom or on whose behalf an application was

made under

section 27

of the

Commission to Inquire into Child

Abuse (Amendment) Act 2005

and the Ombudsman considers that in all

the circumstances he should do so, he may recommend to the Education (Former

Residents of Certain Institutions for Children) Finance Board—

(

) that its decision on foot of

that application be further considered,

(

) that measures or specified

measures be taken to remedy, mitigate or alter the adverse effect of the

action, or

(

) that the reasons for taking the

action be given to the Ombudsman,and, if the Ombudsman thinks fit to do so,

he may request that Board to notify him within a specified time of its

response to the recommendation.”.

Functions transferred

(1.01.2005) by

Health Act 2004

(42/2004), s. 59, S.I. No. 887 of

2004.

Transfer of

functions of specified bodies to Executive.

59.—

(1)

The functions that, immediately before the establishment day, were the

functions of a specified body under or in connection with the enactments

referred to in

Schedule 3

are, by this Act, transferred to the

Executive on that day.

(2) If a provision of

an enactment referred to in

Schedule 3

, or a provision of an

instrument made under such enactment, does not come into effect until on or

after the establishment day, a function that on the passing of that

enactment or the making of that instrument was assigned under or in

connection with that provision to a specified body is, by this Act,

transferred to the Executive on the commencement of that provision.

(3) The functions

transferred by this Act to the Executive include the functions specified in

any enactment referred to in

Schedule 3

as a function of the

following

(

) the chief

executive officer of a health board;

(

) the

Regional Chief Executive of the Eastern Regional Health Authority;

(

) the area

chief executive of an Area Health Board.

(4) This section does

not apply in relation to the functions of the Hospital Bodies Administrative

Bureau.

...

SCHEDULE 3

Transfer of Functions and

References to Functional Areas

...

44. Ombudsman Acts

1980 to 1984

...

C10

Act applied to certain bodies with

modifications (2.12.1999) by

British-Irish Agreement Act

1999

(1/1999), s. 50, S.I. No. 377 of 1999.

Application of Data Protection Act,

1988.

50.

(1) In this section—

“the Act of 1980” means the Ombudsman Act,

1980;

“the Northern Ireland Ombudsman” means the

person who performs in Northern Ireland functions corresponding to those of

the Ombudsman.

(2) The Act of 1980 shall

apply in relation to the Bodies with any necessary modifications and as if

there were a reference to each of them in Part I of the First Schedule to

that Act, but such application shall be restricted to actions taken in the

State by or on behalf of a Body.

(3) During a preliminary

examination or an investigation under the Act of 1980 of an action taken by

or on behalf of a Body, the Ombudsman shall consult with the Northern

Ireland Ombudsman in relation to the conduct of the examination or

investigation and, where he or she considers it appropriate to do so, may

make available to the Northern Ireland Ombudsman information (including a

copy of a document) furnished to him or her for the purposes of the

examination or investigation; but, any decision or recommendation falling to

be made following such an examination or investigation shall be made solely

by the Ombudsman and he or she shall furnish a statement in writing of any

such decision or recommendation to the Northern Ireland Ombudsman.

(4) Where a complaint is made

to the Northern Ireland Ombudsman in relation to an action taken in the

State by or on behalf of a Body and the matter is referred to the Ombudsman

by the Northern Ireland Ombudsman, the Act of 1980 shall apply as if a

complaint in relation to the matter had been duly made under that Act to the

Ombudsman.

(5) Where a complaint is made

to the Ombudsman in relation to an action taken in Northern Ireland by or on

behalf of a Body, he or she shall refer the matter to the Northern Ireland

Ombudsman and shall furnish to him or her any information (including a copy

of a document) in relation to the matter in his or her possession.

(6) The Ombudsman shall, when

so requested by the Northern Ireland Ombudsman in relation to the

investigation by the Ombudsman for Northern Ireland of an action taken in

Northern Ireland by or on behalf of a Body, liaise and consult with him or

her in relation to the matter.

C11

Application of Act restricted

(15.07.1999) by

Postal and Telecommunications Services (Amendment) Act

1999

(5/1999), s. 10, S.I. No. 220 of 1999. The company was Bord Telecom Éireann p.l.c.

Non-application of certain

Acts.

.—The Ombudsman Act,

1980, the Ethics in Public Office Act, 1995, the Prompt Payment of Accounts

Act, 1997, and section 521 of the Taxes Consolidation Act, 1997, shall not

apply to the company.

C12

Application of Act

confirmed (6.04.1997) by

Taxes Consolidation Act 1997

(39/1997), s.

1093, commenced as per s. 1097(2)(b)(i).

Disclosure of information

to Ombudsman.

1093.

—Any obligation

to maintain secrecy or other restriction on the disclosure or production of

information (including documents) obtained by or furnished to the Revenue

Commissioners, or any person on their behalf, for taxation purposes, shall

not apply to the disclosure or production of information (including

documents) to the Ombudsman for the purposes of an examination or

investigation by the Ombudsman under the Ombudsman Act, 1980, of any action

(within the meaning of that Act) taken by or on behalf of the Revenue

Commissioners, being such an action taken in the performance of

administrative functions in respect of any tax or duty under the care and

management of the Revenue Commissioners.

Editorial

Notes

Ombudsman may

prosecute certain offences as provided (29.07.2005) by

Disability Act

2005

(14/2005), s. 55(4)(b), S.I. No. 474 of 2005.

Previous affecting

provision: certain records relating to an investigation or examination

carried out by the Ombudsman under this Act excluded from application of

Freedom of Information Act 1997

(21.04.1998) by

Freedom of

Information Act 1997

(13/1997), s. 46(1)(c)(iii), commenced as per

s. 1(2); repealed (14.10.2014) by

Freedom of Information Act 2014

(30/2014), s. 5 and sch. 4, commenced on enactment, subject to transitional

provisions in ss. 43(1), 55.