Ombudsman Act, 1980
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Exclusions. |
5.—(1) The Ombudsman shall not investigate any action taken by or on behalf of a person— | |
(a) if the action is one in relation to which— | ||
(i) the person affected by the action has initiated in any court civil legal proceedings and the proceedings have not been dismissed for failure to disclose a cause of action or a complaint justicable by that court whether the proceedings have been otherwise concluded or have not been concluded, | ||
(ii) the person affected by the action has a right, conferred by or under statute (within the meaning of section 3 of the Interpretation Act, 1937 ), of appeal, reference or review to or before a court in the State (not being an appeal, reference or review in relation to a decision of a court), or | ||
(iii) the person affected by the action has a right of appeal, reference or review to or before a person other than a Department of State or other person specified in Part I of the First Schedule to this Act, | ||
(b) if the action relates to or affects national security or military activity or (in the opinion of the Ombudsman) arrangements regarding participation in organisations of states or governments, | ||
(c) relating to recruitment or appointment to any office or employment in a Department of State or by any other person specified in the First Schedule to this Act, | ||
(d) relating to or affecting the terms or conditions— | ||
(i) upon and subject to which a person— | ||
(a) holds any office, or | ||
(b) is employed in a Department of State or by any other person mentioned in the First or Second Schedule to this Act, | ||
(ii) of a contract for services, | ||
(including the terms and conditions upon and subject to which pensions, gratuities or other superannuation benefits are payable to or in respect of the person or under the contract), | ||
(e) if the action is one— | ||
(i) taken in the administration of the law relating to aliens or naturalisation, or | ||
(ii) involving the exercise of the right or power referred to in Article 13.6 of the Constitution or the remission of any forfeiture or disqualification imposed by a Court exercising criminal jurisdiction, or | ||
(iii) taken in the administration of the prisons or other places for the custody of persons committed to custody by the Courts, | ||
(f) in— | ||
(i) a case where a complaint is made to the Ombudsman in relation to the action, if the complaint is not made before the expiration of 12 months from the time of the action or the time the person making the complaint became aware of the action, whichever is the later, | ||
(ii) any other case, if the investigation is not commenced before the expiration of 12 months from the time of the action, or | ||
(g) if the action is taken before the commencement of this Act; | ||
Provided that the Ombudsman may investigate the action notwithstanding that it is one to which paragraph (a) of this subsection relates if it appears to the Ombudsman that special circumstances make it proper to do so. | ||
Provided also that the Ombudsman may investigate the action notwithstanding that the investigation would contravene paragraph (f) of this subsection if it appears to the Ombudsman that special circumstances make it proper to do so. | ||
(2) Notwithstanding subsection (1) of this section, the Ombudsman may investigate insurability and entitlement to benefit under the Social Welfare Acts, 1952 to 1979. | ||
(3) Where a Minister of the Government so requests in writing (and attaches to the request a statement in writing setting out in full the reasons for the request), the Ombudsman shall not investigate, or shall cease to investigate, an action specified in the request, being an action of— | ||
(a) a Department of State whose functions are assigned to that Minister of the Government, or | ||
(b) a person (other than a Department of State) mentioned in Part I of the First Schedule to this Act whose business and functions are comprised in such a Department of State or in relation to which functions are performed by that Department of State, | ||
(whether or not all or any of the functions of that Minister of the Government stand delegated to a Minister of State at a Department of State). |