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Developments in the International & European Ombudsman Institutes (14 Nov 1997)

Developments in the International & European Ombudsman Institutes (14 Nov 1997)

The following speech was delivered by the Ombudsman, Mr. Kevin Murphy, 14 November 1997, at the BIOA Conference , which took place in Warwick.

Recent developments in the International Ombudsman Institute and the European Ombudsman Institute and the future of the Institutes

Kevin Murphy Ombudsman (Ireland)

Background

I am writing this short paper from the perspective of a public sector Ombudsman who may not be aware of developments at European or International level affecting private sector Ombudsmen. Our discussions at Warwick may well explore the scope for developing - at European or International levels - the type of interactions between the two sectors so characteristic of the BIOA.

The Annex gives summary information on the International Ombudsman Institute (IOI) and the European Ombudsman Institute (EOI). Before commenting on the interaction between these two bodies, it may be of interest if I list the regular "events" which occur involving public sector Ombudsmen in Europe:

1. There is an annual informal meeting of what are called National or Parliamentary Ombudsmen to discuss matters of common interest. It is a matter for the host country to make the organisational arrangements including the agenda, speakers, chairmen of sessions etc. Because of the multi-person nature of some Ombudsman institutions (e.g. Sweden, Austria) up to 50 people attend.
2. There are biennial Round Tables between National Ombudsmen and Regional Ombudsmen on the one hand and the human rights institutions of the Council of Europe (including the European Court of Human Rights) on the other to consider human rights issues arising, for example, in relation to immigration, prisons, police and economic and social issues. The number attending could be as high as 80 not including observers.
3. Contacts are developing between the offices of National and Regional Ombudsmen of the European Union (EU) member states and the European Ombudsman on matters involving the application of EU law at national level. A network of liaison officers has been put in place.
4. The European Ombudsman Institute (EOI) has organised conferences open to all members (see Annex) from time to time. Because of the proliferation of Ombudsmen offices especially in Eastern Europe, the organisation of such conferences has become a major task. In 1996 the EOI focused on a particular topic - the impact on Ombudsmen of Deregulation and Privatisation - and held a successful workshop on this subject. They are considering repeating the exercise in 1998.

Recent Developments

At a recent meeting of National Ombudsmen it was agreed that there was a need for greater co-ordination and rationalisation of the various activities currently organised at European level. Following from this I expect that in the near future a Joint Co-ordinating Committee will be set up consisting of members of the Board of the EOI and the European Regional Directors of the IOI. This Committee will attempt to bring forward proposals with the objective of meeting the needs of all types and categories of Ombudsmen whether IOI members, EOI members or both. The difficulties of establishing a single EOI/IOI European structure should not be underestimated.

Longer Term Perspective:

A number of colleagues have expressed the view to me that, over time, the new body should develop as a professional body which would encourage or undertake research and training, publish papers, hold periodic seminars and conferences on selected topics and provide support for newly emerging Ombudsman offices both in Europe and further afield. A complementary view is that the new body could play a significant role in maintaining and raising standards and in research and information transfer. Of course, developments on these lines would take time and, crucially, involve significant financial resources and secretarial underpinning. Within the new body, one could envisage a series of Chapters or Constituencies e.g. National Ombudsmen, Regional Ombudsmen, Specialist Statutory Ombudsmen, Insurance and Banking Ombudsmen and so on. It must be borne in mind that private sector Ombudsmen are as diverse as public sector Ombudsmen and may have more in common with Ombudsmen in the same industry abroad as they have with Ombudsmen in other industries at home.

While a new body of this kind and size may appear off putting, any organisation needs a critical mass of members if it is to be able to provide an effective service, secretarial and otherwise, to its members.

Dublin October 1997.

Annex

European Ombudsman Institute (EOI):

There are three (3) categories of membership:

(1) Ordinary members comprising natural or legal persons who are involved with issues relating to ombudsmen and who agree to the Institute's goals. They have votes at meetings of the General Assembly.

(2) Honorary president and honorary members comprising natural or legal persons whose services to the Institute have been of outstanding merit and who have been elected by the General Assembly on the unanimous nomination of the Board of Directors. They also have votes in the General Assembly.

(3) Extraordinary members comprising natural or legal persons who wish to promote the Institute's activities and are involved with the issue of European Ombudsmen outside of Europe. They are non-voting members.

At present the EOI has 134 members; 76 are institutions and 58 are individuals. The membership categories mentioned at (1) and (2) above (which include private sector Ombudsmen and academics) are eligible for voting membership on payment of the appropriate fee (currently 3000ATS) I have made a very rough calculation that voting members number about 115. As far as I know, the U.K and the Irish Insurance Ombudsmen are the only BIOA private sector members.

The General Assembly which is convened every two years "shall, if at all possible, be held on the occasion of the European Ombudsman Conference or an international ombudsman conference". The General Assembly elects the Board of Directors from the ordinary members for a two year term. The present Board (see list attached) were elected on 21 September, 1996. At that meeting it was resolved that the Institute should apply to the Council of Europe to be recognised as a Non-Governmental Organisation (NGO).

The EOI publishes papers from time to time of academic and general interest and is involved with questions of human rights especially in central and eastern Europe. The Institute is serviced on a part time basis by Dr. Schwarzler who is an Austrian Regional Ombudsman. The Institute is based in Innsbruck where it was originally started by a number of Professors at the University of Innsbruck.

International Ombudsman Institute (IOI):

Voting membership of the IOI is restricted to statutory offices whose jurisdiction extends to Government or Semi-Government departments and agencies. Private sector Ombudsmen, academics, staff of Ombudsman offices etc may become associate members. A list is attached of U.K. associate members. The annual fee for voting members is US. $750. Total membership is 194 and voting membership is 134. The Acting Executive Secretary (part-time) is Mr Daniel Jacoby, Ombudsman for Quebec but it has been decided to recruit a full time Executive Secretary. The office is located at the Law Centre of the University of Alberta in Canada and has a full-time Office Manager and a part-time Editor who is also Associate Professor of Law at the University.

The IOI publishes the International Ombudsman Journal (to be known in future as the International Ombudsman Yearbook) as well as occasional papers and is also a source of assistance and advice worldwide. It is also concerned with the question of human rights and there are on-going contacts with the office of the United Nations High Commissioner for Human Rights. The IOI is organised on a regional basis with the European region being entitled to four(4) members on the Board of Directors. These are elected by voting members from the region on the occasion of the International Ombudsman Conference which is held every four years. The present directors are Mr Ivan Bizjak (Slovenia), Dr Gammeltoft-Hansen (Denmark), Mr Kevin Murphy (Ireland) and Dr Marten Oosting (Netherlands). The activities of the IOI in each region are co-ordinated by a regional vice-president (at present Dr. Hans Gammeltoft-Hansen). There are about 42 voting members in the European region.

The IOI recently decided that each region should become an individual IOI constituent with the regional vice-president being responsible for co-ordinating activities including obtaining financial and other resources to support regional activities. This development clearly necessitates greater co-operation and co-ordination between the IOI and the EOI and highlights the desirability of either establishing clear agreed remits for each organisation or reaching agreement on a single regional body within the broader ambit of the IOI.

EUROPEAN OMBUDSMAN INSTITUTE (EOI)

Board of Directors (According to the General Assembly 1996 09 21):

President
Dr Nikolaus SCHWÄRZLER, Austria
Regional Ombudsman

Vice-presidents
Dr Fritz REICHERT-FACILIDES, Austria
University professor
Ivan BIZJAK, Slovenia
National Ombudsman

Secretary
Mr Andreas NABHOLZ, Switzerland
Regional Ombudsman

Treasurer
Dr Bernhard LORENZ, Austria
Lawyer
Dr Helmuth TSCHIDERER, Austria
(Deputy Treasurer) Regional Ombudsman

Additional members of the Board of Directors

Gerry BURNS MBE, Northern Ireland
Ombudsman
Anton CANELLAS, Spain
Regional Ombudsman
Claes EKLUND, Sweden
National Ombudsman
Ingrid KOROSEK, Austria
National Ombudsman
Christa NICKELS, Germany
Member of Parliament
Dr Werner PALLA, Italy
Regional Ombudsman
Nora SALOMONS, Netherlands
Municipal Ombudsman
Dr Lucio STRUMENDO, Italy
Regional Ombudsman
Dr Helmuth TSCHIDERER, Austria
Regional Ombudsman