NORTHERN IRELAND
Northern Ireland’s Attorney General has written to the Province’s Public Services Ombudsman (NIPSO) telling her she does not have the power to threaten members of the public with legal action if they disclose reports from her office which she considers confidential.
The Ombudsman, Marie Anderson investigates complaints made by people who believe that public bodies in Northern Ireland, such as Government Departments, their Agencies or Health Service providers, have not acted properly or fairly.
In a letter obtained by the British Broadcasting Corporation (BBC), the Province’s Attorney General, John Larkin says that whether the Ombudsman considers a report to be confidential was irrelevant.
“She ought not to threaten citizens with contempt proceedings when there is no apparent basis for subjecting their proposed actions to such a sanction,” Mr Larkin said.
A woman contacted the BBC claiming that she had received a letter from Ms Anderson’s office threatening her with sanction under the Official Secrets Act if she published the report.
It is understood the Ombudsman, in some cases, does not publish reports if they are linked to ongoing legal proceedings.
In a statement a spokesperson for NIPSO said the Ombudsman welcomed the discussion around the publication of her reports.
“The Ombudsman believes she has acted appropriately within the context of the legislation approved by the Assembly, relevant case law and established Ombudsman practice in the United Kingdom and internationally,” the spokesperson said.
“She will continue to publish her reports when it is in the public interest to do so through a process guided by the principles of openness and transparency.
“However, complainants, independent advisers, public bodies and others involved in investigations entrust her with the most sensitive information and opinion.”
The spokesperson said the Ombudsman must act to protect this information is she sees a potential breach of confidentiality.
Belfast, 10 February, 2019
