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TITHE AN O^REACHTAZS . AN COMHCH01STE UM ACHAINtOCHA ON bPOBAL

HOUSES OF THE OrREACHTAS

JOINT COMMITTEE ON PUBLIC PET^TiONS

SUBM^SS^ON OF THE SECRETARIAT OF THE JOINT COMMITTEE ON PUBLIC PETITIONS - IRELAND

^NqUIRY INTO THE FUNCTIONS, PROCESSES AND PROCEDURES . OF THE STANDING COMMITrEE ON ENv^RONMENT AND PUBLrc AFFAIRS

LEGISLATIVE COUNCIL WESTERN AUSTRAL^A

Houses of the Oireachtas Leinster House Kildare St 2 Do2 xR2o Ireland

,.,. February 2020 II'~ API ~~ ~, I -,/' -.<,, ,:;

-.. t

. Contents I . I n trod u ct io n ...,...... 4 2. Joint Committee on Public Service Oversight and Public Petitions 2 0 I I - 2 0 I 6 ...... ,.,,.....,.,,.,,,...... 5 3. Composition, Purpose, Powers of the Joint Committee on Public Service Oversig ht a rid Pu blic Petitions 201 I- 2016...... 6 3.2 The Joint sub-Committee on Pu blic Petitions 2011 '20/6 ...... ,..,,,. 7 3.3 The Joint Sub-Committee on the Ombudsman 2011-2016...... 9 4. Joint Committee on Public Petitions 2016 - 2020 ...... ,. 10 4.2. Functions of the Joint Committee on Public Petitions 201.6-2020 .... 10 4.3. Powers of the Joint Committee on Public Petitions 201.6-2020 ..... 10 Figu re I : Differences of remit between Joint Committees ...... ,...... ,. 12 5 . Ad mis si bi lity of P etitio n s ...... ,.., ...... ,,,, ...... ,.,,,.,.,...... 14 5.2 . In ad missi bin ty of Petitio ns .,,,...... ,,,,,,,,.., ...... ,,,...... , .,...... Is 5.3. Consideration of Petitio ns by the Committee...... ,...... ,,,...... 15 Fig u re 2 : Flowcha rt of the Petitio ns Process ...... ,,,,...... ,,..,,.,,,,,,,, ...... 16 Figure 3 : Staffing of Joint Committee on Public Petitions...... 17 Figure 4: Petitions received by the Joint Committee on Public Petitionsi7 6 . Ap p e n d i ces ...... ,...... ,,.....,,,...... 1.8 Appendix I - Joint Coin mittee on Pu blic Petitions ,,...... ,...... ^8 Appendix 2 : Membership of Joint Committee on Public Petitions...... 22 Appendix 3 - Joint Committee on Public Service Oversight and Petitions. .24 Orders of Reference of the Committee ( Extract) ...,,,...... 24 Appendix 4: Membership of Committee of the Joint Oireachtas Committee o n Pu blic Se rvice Ove rsig ht a n d Petitio ns ...... ,,...... ,,,,,....,,.,...,,.,,, .,...... 32 Ap pe ridix 5 - Political Pa rty Ab b reviatio n s, ,,,,,.,,,.... .,,,,,...... ,,.,.,...... 35 Appe ridix 6 - Exam pies of Petition Titles Received ,,.,.,,,,...... 36 . I. . Introduction The purpose of the petitions system in the Houses of the Oireachtas is to enhance engagement between and citizens on matters of general public concern or interest. Members of the public can submit petitions to the Houses of the Oireachtas on matters of general public concern or interest in relation to their legislative powers or on an issue of public policy, Petitions can be submitted online or by completing the relevant forms which can be requested from the secretariat to the Committee and these can be returned once completed, by post or via email.

The Joint Committee on Public Petitions is a Standing Committee, it is provided for under Dail and Seanad Standing Orders. '

. Dail Standing Order 93(2) provides that a proportion of Chairman posts shall be allocated to the party or parties in Government and each group in the Dail (as defined in Standing Order 1.43). Such proportion shall be calculated according to the d'Hondt system, and under such system, the party or parties in Government and each group shall choose a particular Chairman post as the posts are allocated, excluding posts already allocated by Standing Orders or by Order of the Dail: Provided that a Government party may not choose the Chairmanship of the Committee of Public Accounts. The House shall appoint all Chairmen, in accordance with the provisions of this Standing Order and of Standing Orders generally. 2

.

' Available at: htt data o1 eachtas re re o1reachtas arliamenta Business sta din Orders da 20172017 01-17 consolidated standin order of da eireann en df Last accessed 3 February 2020. zjbid 2. Joint Committee on Publ, c Service Overs, ght and Publ, c Petitions 201. ,.. 20, .6 The Programme for Government (2011)' included a commitment to establish an Investigations, Oversight and Petitions Committee of the Houses of the Oireachtas for the first time and it was subsequently established by the 31'' D^il in 201.1. The objective of the establishment of the petitions system was to enable greater citizen interaction with the parliamentary system.

In order for Parliamentary Committees to have proper meaningful power to investigate, an amendment to the was required and a constitutional referendum on Investigative Powers for Committees was held on 27 October 2011. The referendum was defeated and accordingly the Orders of Reference for the Joint Committee were amended to exclude an investigatory role for the

Committee.

On 1.2 July 201.2, Dail and Seanad Eireann adopted additional Standing Orders:

(1) Permitting petitions to be addressed to the Houses of the 01reachtas on matters of general public concern or interest in relation to their legislative powers or an issue of public policy and for the consideration of such petitions by the Joint Committee on Public Service Oversight and Petitions.

(2) Strengthening parliamentary oversight of public service delivery by providing for the establishment of the Joint Committee on Public Service Oversight and Petitions as a standing Committee.

'Available at ttD 11 err on t eet. Ie/en/wo c re t u oads 2010 05 Pro rainme or Government 201.1 of 3. Composition, Purpose, Powers of the Joint Committee on Publ, c Service Over5.9ht and Publ, c Petitions 20L, . 201.6 In the 31st Dail and the 25'' Seanad, the Joint Committee on Public Oversight and Petitions consisted of 20 members - 15 members of Dail ^ireann and 5 members

, of Seanad Eireann - and was responsible for oversight of public service delivery generally, with a particular focus on investigating and identifying improvements in the delivery of such services to citizens'

The Joint Committee also acted through two sub-committees:

(1) The Joint sub-Committee on Public Petitions; (2) The Joint sub-Committee on the Ombudsman.

. The Joint Committee on Public Service Oversight and Petitions considered the quality and standards of public service delivery, including the effectiveness of public service complaints and redress systems; informed by its sub-Committees' consideration of Ombudsmans reports and petitions received. However, Public Service Oversight and Petitions also had authority to consider such related matters as it thought fit. 4

The Joint Committee on Public Service Oversight and Petitions was also required to consider such matters as may be referred to it by the Houses of the Oireachtas from time to time.

The Joint Committee on Public Service Oversight and Petitions and each of its Sub- committees could:

. (1) Take oral and written evidence and print and publish from time to time minutes of such evidence taken in public before it together with such related documents as it saw fit; (2) Invite and accept written submissions from interested persons or bodies; (3) Draft recommendations for legislative change and for new legislation; (4) Require a Member of the Government or Minister of State to attend before it to discuss: (a) policy;

' Dan 5.0.165A(61(c)(ill) Available at: htt data o eachtas e e o eachtas a 11ame to Bus nes standin Orde s dai12017201701 17 consolidated standin o ders of dail eireann en df Last accessed 3 February 2020. (b) proposed primary or secondary legislation (prior to such legislation being published) for which he or she is officially responsible; (5) Require principal office holders of bodies in the State which are partly or wholly funded by the State or which are established or appointed by members of the Government or by the 01reachtas shall attend meetings of Committee, as appropriate, to discuss issues for which they are officially responsible.

In addition, the Joint Sub-committee on the Ombudsman had, by default, power to send for persons, papers and records. This was a necessary precondition for the granting of authority to compel the attendance of persons . and the production of documents.

Sectoral Committees' in the 31'' Dail were riot permitted to consider matters which were being or were about to be considered by the Joint Committee on Public Service Oversight and Petitions or its Sub-committees. The Sectoral Committees were required to consider and report back on matters referred to them by Public Service Oversight and Petitions or either of the two sub- Committees.

The Joint Committee on Public Service Oversight and Petitions and its sub" Committees were riot permitted to consider matters which are being or are to be considered by the Committee of Public Accounts. 6 3.2 The Joint sub-Committee on Public Petitions 20L, .-201.6 . The Joint sub-Committee on Public Petitions 2011-201.6 was specifically charged with considering :

I) petitions received by the Houses of the Oireachtas; 2) such other matters as may be referred to the Joint sub-Committee by the Houses of the Oireachtas.

' These are department ally related committees, whose composition is determined at the start of each new session. 6 Further information available at htt WWW o1reac tas e e co mittee 32 coinm t ee o ublic accou t I Last accessed 3 February 2020 A petition could be made in writing or online and all petitions received stood referred to the Joint sub-Committee on Public Petitions.

A petition had to relate to a matter within the competence of the Houses of the Oireachtas; it should not offend the usual parliamentary rules and practices (e. g. relates to a matter subJ'udice or is offensive or defamatory in nature).

In general, petitions could be addressed a matter of general public concern; or interest in relation to legislative powers; or an issue of public policy. Petitioners need to demonstrate that they have already taken steps to resolve the issue raised in their petition, for example, through raising it with public bodies, or directly with the relevant Government Department.

. Standing Orders were riot prescriptive in relation to how individual petitions should be considered or decided upon. The Joint Committee on Public Oversight and Petitions in considering a petition could invite a petitioner and/or a stakeholder and/or a Government Department/public body to address the Committee on the subject matter of the petition.

Following consideration of the oral and/or written evidence received, the Joint Committee on Public Service Oversight and Petitions would come a decision, regarding what further action to take. This action could include reporting to the Dail/Seanad with recommendations, including a request that the report be debated by the Dail/Seanad. If the Committee decided that no further action was required, the petition was closed, and the petitioner advised as to the . considerations of the decision. The Joint Committee on Public Service Oversight and Petitions could also engage with the Committee on Petitions of the on matters; including in relation to the European Citizens' Initiative. 7

' Available at: htt WWW euro ar euro a eu factsheets en sheet 149 euro ean cit zens Initiat ve accessed 3 February 2020 3.3 The Joint Sub. Committee on the Ombudsman 20, .L-20, .6

The Joint Sub-committee on the Ombudsman 2011-2016 was specifically charged with considering :

I) reports of the Ombudsman which are laid before the Houses of the Oireachtas under the Ombudsman Act; 2) motions for the appointment of a person to be the Ombudsman' stand referred to the Joint Committee for consideration and report to the Houses of the 01reachtas thereon; 3) such other matters as may be referred to the Joint sub-Committee by the Houses of the Oireachtas.

The Joint Sub-Committee agreed guidelines on collaborative working between it and the Ombudsman, including a right of initiative for the Joint sub- Committee in bringing specific matters to the attention of the Ombudsman. The Joint Sub-committee was also permitted to Iiaise with such other Ombudsmen, regulatory public bodies or bodies established for the purpose of redress as the Joint sub-Committee considers appropriate.

.

' Available at: htt WWW sh tatutebook re e1 1980 at 26 enacted e Section 2 of the Ombudsman Act 1980, Last accessed 3 February 2020

9 4 Joint Committee on Publ, c Petitions 201.6 - 2020 The Joint Committee on Public Petitions was charged with receiving and considering petitions from members of the public was formally established by an order of the Dail on 12'' of July 2016 and an order of the Seanad on 21st July 2016. The Committee met on a fortnightly basis to consider petitions at different stages of deliberation.

4.2. Functions of the Joint Committee on Public Pet, t, ons 201.6.2020 The Joint Committee on Public Petitions 201.6-2020, provides for a process whereby an individual person, a body corporate or an unincorporated association of persons can address a petition to the Houses of the Oireachtas. This is viewed as an important avenue for individuals to participate in the democratic process.

, The Joint Committee consists of 7 members of Dail Eireann and 4 members of

, Seanad Eireann. Members of the public are able to take their policy concerns directly to the heart of Parliament and to seek to influence the parliamentary agenda.

43. Powers of the Joint Committee on Publ, c Petitions 20.6-2020

The passage of resolutions by each House in adopting Standing Orders in relation to a petitions process resulted in :

Permitting petitions to be addressed to the Houses of the Oireachtas on matters of general public concern or interest in relation to their legislative powers or an issue of public policy. o The Joint Committee on Public Petitions was specifically charged with considering: . petitions received by the Houses of the Oireachtas; . such other matters as may be referred to the Joint Committee by the Houses of the Oireachtas; any other matters.

The Joint Committee could also engage with the Committee on Petitions of the European Parliament, including in relation to the European Citizens' Initiative.

Petitions received stand referred to the Joint Committee on Public Petitions. In general, a petition must relate to a matter within the competence of the Houses of the Oireachtas and must riot offend the usual parliamentary rules and practices (e. g. relates to a matter which is sub judi^e or is offensive or defamatory in nature). Some of the possible outcomes following consideration by the Committee are as follows:

. referral of the petition to the Ombudsman, another Ombudsman or a regulatory public body or a body established for the purpose of redress; referral of the petition to any other Joint Committee with a request for further consideration and report back to the Committee, once the matter has been considered by the Committee and it has been concluded to be of sufficient importance to require additional consideration; report made to the Houses of the Oireachtas with recommendations, including a request that the report be debated by the Dail.

The Joint Committee is also required to consider such matters as may be referred . to it by the Houses of the 01reachtas from time to time.

The Joint Committee could take oral and written evidence and print and publish from time to time minutes of such evidence taken in public before it together with such related documents as it thinks fit, invite and accept written submissions from interested persons or bodies, draft recommendations for legislative change and for new legislation, request Officials, a member of the Government or Minister of State to attend before it to discuss:

(a) policy or (b) proposed primary or secondary legislation (prior to such legislation being published) for which he or she is officially responsible.

The Joint Committee could also request principal office holders in bodies in the State which are partly or wholly funded by the State, or which are established or appointed by members of the Government, or by the Oireachtas to attend meetings of the Committee as appropriate, to discuss issues for which they are officially responsible' and which relates to a submitted petition.

The D^il Committee on Procedure Standing sub-Committee on Dail Reform, at its meeting of 1.4 December 201.6, agreed to recommend the broadening the remit of the Committee, to include consideration of an Ombudsman Report when the relevant Sectoral Committee had not considered the Report within two months, excluding recess periods, of it being laid with the House. Figure L: Differences of remit between Joint Committees

20.2 - 2026 2026 - 2020

Rein, t of the 70, nt Coinm, ttee on Remit of the 70, nt Coinm, ttee on Pub"c Pub"c Service Overs, ght and Petitions of the 32'' Dan and the 25th Petit, ons PCPSOP) of the 32 * Dail Seanad and 24 ' Seanad

Remit Functions Remit Functions

Publ!^ Public Receiving and This function is ass^gned to Petitions Petitions processing petitions the Committee and where the . submitted to the Committee is considering a Houses of the petition, the relevant sectora/ 01reachtas by Committee will not consider members of the public, that matter. This function was carried out by the Joint sub-Committee on

Public Petitions.

Ombudsmen The Joint sub- Ombudsmen This function was not with Ih

Committee on the the remit of the Publi^

Ombudsman was Petitibns Committee and was . empowered to consider been assigned to the relevant Annual Reports and sectora/ Committees,

Special Reports laid The Committee on Procedure before the Houses (by Standihg sub-Committee on designated 06/1 Reform, ' at Its meetihg of Ombudsmen). I4th December 2016, agreed The Committee agreed to recommend the broadening a Report in relation to the remit of the Committee, to its role in the future include consideratIbn of an

' The Sub-Committee on Dail Reform considers matters of procedure, recommends changes to Standing Orders, oversees procedure in committees and reports on the privileges attaching to Members.

12 and recommended that Ombudsman Report when the remit include pub/I^ relevant Sectors/ Committee petitions and has not considered the Report engagement with within two months, excluding Ombudsmen. recess periods, of it being laid with the House.

Oversight (of Oversight (of As part of its oversight This function is not within the pubffc service remit the Committee pub/I^ remit of the Public Petitions service delivery) examined the design Committee. delivery) and layout of Ballot Papers used in the Seanad Referendum . and agreed a report.

Power to send Power to for persons, send for papers and persons, records papers and records 5. Adm, ss, binty of Petitions Petitions have to be addressed to the Houses of the 01reachtas; be on a matter of general public concern or interest in relation to the legislative powers of the Houses of the 01reachtas or be of an issue of public policy. Advice on admissibility can be obtained from the secretariat to the Committee.

A petition is admissible if it meets the following requirements:

. relates to matters on which the Houses of the Oireachtas have the power to act; complies with Standing Orders and is in proper form; is riot subJ'udice, i. e. does riot relate to a case where court proceedings have been initiated and which is to be heard before a jury or is then o being heard before a jury; does riot contain the name or names of individuals; does riot contain language which is offensive or defamatory; is riot the same as, or is riot in substantially similar terms to, a petition brought by or on behalf of the same person, body corporate or unincorporated association during the lifetime of that Daily Seanad and which was closed by agreement of the Committee; is not frivolous, vexatious or otherwise does not constitute an abuse of the petitions system; does riot require the Committee to consider an individual complaint which has been the subject of a decision by the Ombudsman, by another Ombudsman, or by a regulatory public body or a body established for . the purpose of redress.

In relation to admissible petitions, where a petition deals' with

(a) local or regional matters

(b) matters which are more appropriate to a regulatory public body or a body established for the purpose of redress

the Committee shall establish that all available avenues of appeal or redress have been utilised by the petitioner prior to the Committee considering the matter. 5.2. madmissibility of Petitions

The majority of petitions which are deemed to be Inadmissible by the Joint Committee or Public Petitions, are deemed so because they fall outside matters on which the Houses of the Oireachtas have the power to act.

There has not yet been an instance whereby a petition has been deemed to be in admissible because it was found to be 'frivolous, vexatious or otherwise does riot constitute an abuse of the petitions system. '

The secretariat to the Committee will advise petitioners on matters whereby the petition could be made admissible e. g. removing names which makes a person identifiable. Petitions can be amended once they have been submitted. 5.3. Consideration of Petitions by the Committee . The Committee in considering a petition may invite the petitioner to appear before it to speak on the subject matter. It may also seek oral or written evidence from the relevant Government Department, as well as other appropriate bodies or stakeholders.

The Committee, in considering a petition may also:

. refer the petition to any other Committee with a request for further consideration and report back to the Joint Committee on Public Petitions;

refer the petition to the Ombudsman, another Ombudsman or a regulatory public body or a body established for the purpose of redress.

Following consideration of any oral and/or written evidence received, the . Committee may decide on what further action it wishes to take. This action includes reporting to the Dail/Seanad with recommendations, including a request that the report be debated by the Dan/Seanad.

If the Committee considers that no further action is required, the petition will then be closed. The Petitioner is notified of the Committee's consideration of the matter and its final decision. Figure 2: Flowchart of the Petitions Process

201.6 - 2020 32nd Dail and 25th Seanad

retariat examines Petition it ion Lodged for Admissibility

Secretariat requests preliminary views from False Admissibie> Government etc True

Preliminary views from of summary note Government

mint e nside s Petiti n and do ume

True

urth rA ti n Admi SIble False Requi d True

False

Public policy issue addressed Request further submissions Submissions no further action required from Government etc. , from the hold hearings, publish report Government etc.

False . Close Petition? True

Petition Closed, Petition Inadmis Ible Petitioner Informed Petitioner nfo med Figure 3: Staffing of Joint Committee on Public Petitions

The Joint Committee on Public Petitions is supported by a secretariat of 4 staff (this is subject to change following the formation of the new Government) I. I - Principal Clerk Mr. Leo Bollins - Clerk to the Joint Committee on Public Petitions

2. I - Senior Clerk - Petitions Case Manager 3. I - Junior Clerk

4. I - Clerical Officer rigure 4: Petitions rece, ved by the Joint Committee on Publ, c Petitions .

Year Petitions Received madmissible Closed

2016 10 o o

201.7 42 2 25

2018 49 1.0 25

201.9 61 1.0 35

2020 o o o

. 6. Appendices

Appendix L . Joint Committee on Public Petitions

201.6 - 2020 32nd Dail and 25th Seanad

Orders of References

,.,. I. A. (1) There shall stand established, following the reassembly of the Dan subsequent to a General Election, a Standing Committee, which shall be joined with a similar Committee of Seanad Eireann, to form the Joint Committee on Public Petitions, to consider-

public petitions addressed to the Houses of the Oireachtas which shall o stand referred to the Committee in accordance with Standing Orders 1/1B to 111E, inclusive; (b) such other matters as may be referred to the Committee by the Houses of the Oireachtas; and (c) any other related matters.

(LA) The Committee may also consider a matter of general public concern or interest in relation to the legislative powers of the Houses of the 01reachtas or an issue of public policy :

Provided that prior to the commencement of such consideration, the Chairman of the Joint Committee shall consult with the relevant Committee established pursuant to Standing Order 84A.

. (2) The Standing Committee shall consist of seven members of Dail ^ireann. The quorum of the Joint Committee shall be four, of whom at least one shall be a member of Dail Eireann and one a member of Seanad ^ireann. The Chairman of the Joint Committee shall be a member of Dail Eireann.

(3) The Joint Committee shall have the following powers :

(a) the powers defined in Standing Order 85, other than paragraphs (2A) (4A), (4B), (6A) and (6B) thereof; and

(b) power to refer any matter which has been considered by it (and which has been concluded to be of sufficient importance to require additional consideration) to the relevant Joint Committee appointed under Standing Order 84A for further consideration and report back to the Committee. (4) The provisions of Standing Order 95, other than paragraph (1) thereof, shal apply to the Joint Committee.

(5) The Joint Committee may engage with the Committee on Petitions of the European Parliament including in relation to the European Citizens' Initiative.

(6) It shall be an instruction to the Joint Committee that it shall not consider any matter which is being considered, or of which notice has been given of a proposal to consider, by the Committee of Public Accounts in the exercise of its functions under Standing Order 186 and/or the Coinptroller and Auditor General (Amendment) Act 1993.

(7) The Joint Committee shall prepare an annual work programme and an annual report as outlined in Standing Order 89, which shall be laid before both . Houses of the 01reachtas.

..,.,. B. (1) A petition may be addressed to the Houses of the 01reachtas on a matter of general public concern or interest in relation to their legislative powers or an issue of public policy.

(2) A petition may be lodged by an individual person, a body corporate or an unincorporated association of persons,

(3) A petition shall clearly indicate-

(a) the name of the petitioner;

(b) an address of the petitioner to which all communications concerning the petition should be sent; and . (c) the name and address of any person supporting the petition.

(4) All petitions addressed to the Houses of the Oireachtas shall stand referred to the Joint Committee on Public Petitions (referred to in this Standing Order and Standing Orders 11.1C, D and E as 'the Committee').

(5) The Committee shall, from time to time, determine-

(a) the proper form of petitions;

(b) the manner in which petitions are to be lodged with the Houses; and (c) such other matters in relation to the consideration of petitions as the Committee considers appropriate and which are not otherwise provided for in these Standing Orders.

...... C. (1) A petition is admissible unless it-

(a) requests the Dail to do anything other than the Dail has power to do; (b) does not comply with Standing Orders or is otherwise riot in proper form; (c) is subj'udi^e within the meaning of Standing Order 59; (d) contains the name or names of individuals; (e) contains language which is offensive or in the nature of being defamatory; . (f) is the same as, or in substantially similar terms to, a petition brought by or on behalf of the same person, body corporate or unincorporated association during the lifetime of that Dail and which was closed by agreement of the Committee; (g) is frivolous, vexatious or otherwise constitutes an abuse of the petitions system; and (h) requires the Committee to consider an individual complaint which has been the subject of a decision by an Ombudsman, or by a regulatory public body or a body established for the purpose of redress.

(2) In relation to admissible petitions, where a petition deals' with-

(a) local or regional matters; or . (b) matters which are more appropriate to a regulatory public body or a body established for the purpose of redress; (c) the Committee shall establish that all available avenues of appeal or redress have been utilised by the petitioner prior to the Committee considering the matter.

(3) The Committee shall consider and decide in a case of dispute whether a petition is admissible and shall notify the petitioner of its decision and of the reasons for that decision.

,.,.,. D. (1) If a petition is admissible, the Committee shall take such action as it considers appropriate in relation to that petition.

(2) Without prejudice to the generality of paragraph (1), the Committee may-

20 (a) refer the petition to an Ombudsman or a regulatory public body or a body established for the purpose of redress;

(b) refer the petition to any other Committee as it considers appropriate, with a request for further consideration and report back to the Committee; and

(c) report to the Dai! with recommendations, including a request that the report be debated by the Dail.

(3) The Committee shall notify the petitioner of any action taken under paragraph (2).

,.,.,. E. (1) The Committee may close a petition at any time.

(2) Where the Committee closes a petition, it shall notify the petitioner that the . petition is closed and of the reasons for closing it.

,.,.,. F. Where a Select Committee does riot under Standing Order 84A(8)(b) consider an Ombudsman report, or a portion or portions thereof, within two months (excluding Christmas, Easter or summer recess periods) of the report being laid before either or both Houses of the 01reachtas, the Committee shall proceed to consider the Ombudsman report, or any portions thereof riot considered by the Select Committee. Append, x 2. Membership of ,0, nt Committee on Public Petitions

List of Members of the Joint Committee 32nd Dai1 & 25Th Seanad 20, .6-

2020

Chairman : Sean Sherlock (LAB)

Deputies: (FF)

Martin Heydon (FG)

Denise Mitchell (SF)

Vacancy (FG)**

EUgene Murphy (FF)

Brendan Ryan (LAB)

Senators: (FG)

Diarmuid Wilson (FF)

Pippa Hackett (CEG/GP)

Vacancy (LAB)* .

N otes :

I. Deputies nominated by the Dail Committee of Selection and appointed by Order of the Dail of 12 July 201.6.

2. Senators appointed to the Committee by the Seanad Committee of Selection and appointed by Order of the Seanad on 21st July 2016

3. Deputy Dara Murphy was elected in place of Deputy on 28 September 2017 4. *Senator resigned from Seanad Eireann on 28 November 201.7

5. Senator was elected in place of Senator on 1.9 December 2018, Tenth Report of the Committee of Selection

6. Deputy Pat Buckley was elected in place of Deputy Denise Mitchell on 1.2 March 2019, Twenty Third Report of the Committee of Selection

7. Senator was elected in place of Senator Lynn Ruane on 26 November 201.9, Thirteenth Report of the Committee of Selection 8. **Deputy Dara Murphy resigned from Dail Eireann on 3 December 2019 Append, x 3 - Joint Committee on Public Service Oversight and Petitions

Orders of Reference of the Committee (Extract) 201. ,.-20, .6 (Dail Eireann) Order of Dail ^ireann of 8'' June 201 I as amended by an Order of the Dail of 12th July 201.2 provides:

, (1) That a Select Committee consisting of fifteen members of Dail Eireann be appointed to be joined with a Select Committee to be appointed by Seanad Eireann to form the Joint Committee on Public Service Oversight and Petitions, to consider-

. (a) the design of a petitions system for the Houses of the 01reachtas, (b) the role and remit of the Joint Committee having regard to the Programme for Government, and

(c) any other related matters,

and to report back to both Houses of the Oireachtas with recommendations, including revised Orders of Reference for the Joint Committee, by 30th September 201.1.

(2) Standing Orders 165A to 165E, inclusive, shall apply to the Joint Committee. (3) Standing Orders of Dail Eireann adopted until further notice in 31. '' Dail:

,o1nt Committee on Public Service Oversight and Petitions .

There shall stand established, following the reassembly of the Dail subsequent to a General Election, a Standing Committee, which shall be joined with a similar Committee of the Seanad, to form the Joint Committee on Public Service Oversight and Petitions.

(2) The Standing Committee shall consist of fifteen members of

, Dail Eireann. The quorum of the Joint Committee shall be six, of whom at least one shall be a member of Dail ^ireann and one a member of Seanad ^ireann. The Chairman of the Joint Committee shall be a member of Dail Eireann.

The Joint Committee shall have oversight of public service delivery generally, with a particular focus on investigating and identifying improvements in the delivery of such services

to citizens,

There shall stand established, following the reassembly of the Dail subsequent to a General Election, a sub- Committee which shall be called the sub-Committee on the Ombudsman, which shall be joined with a similar sub-Committee of the Seanad Committee, to form the Joint sub-Committee on the Ombudsman.

(b) The sub-Committee shall consist of all fifteen members of the Standing Committee. The quorum of the Joint sub-Committee shall be six, of whom at least one shall

, be a member of Dail Eireann and one a member of Seanad I^ireann. The Chairman of the Joint Committee

shall be the Chairman of the Joint sub-Committee.

There shall stand established, following the reassembly of the Dail subsequent to a General Election, a sub- Committee which shall be called the sub-Committee on Public Petitions, which shall be joined with a similar sub- Committee of the Seanad Committee, to form the Joint sub-Committee on Public Petitions.

(b) The sub-Committee shall consist of all fifteen members of the Standing Committee. The quorum of the Joint sub-Committee shall be six, of whom at least one shall

, be a member of Dail Eireann and one a member of Seanad Eireann. The Chairman of the Joint Committee

shall be the Chairman of the Joint sub-Committee. (6) Without prejudice to the generality of paragraph (3),

(a) the Joint sub-Committee on the Ombudsman shall consider-

(1) the reports of the Ombudsman which are laid before the Houses of the Oireachtas under the Ombudsman Acts 1,980 to 1984,

motions pursuant to section 2 of the Ombudsman Act 1980, which shall stand referred to the Joint Committee for consideration and report to the . Houses of the 01reachtas thereon, and

(iii) such other matters as may be referred to the Joint sub-Committee by the Houses of the Oireachtas,

(b) the Joint sub-Committee on Public Petitions shall consider-

(i) public petitions addressed to the Houses of the Oireachtas which shall stand referred to the Joint sub-Committee in accordance with Standing Orders 1.65B to 1.65E, inclusive, and

(ii) such other matters as may be referred to the Joint . sub-Committee by the Houses of the Oireachtas,

(c) the Joint Committee shall consider-

(i) the quality and standards of public service delivery informed by its sub-Committees' consideration of the reports and petitions under paragraphs (a) and (b), including the effectiveness of public service complaints and redress systems,

such other matters as may be referred to the Joint Committee by the Houses of the Oireachtas, and (11i) any other related matters.

The Joint Committee and the Joint sub-Committee on Public Petitions shall have the following powers:

(a) the powers defined in Standing Order 83, other than paragraphs (2A), (4A), (4B) and (6A) thereof; and

(b) power to refer any matter which has been considered by it (and which has been concluded to be of sufficient importance to require additional consideration) to the relevant Joint Committee appointed under Standing Order 82A for further consideration and report back to the Committee.

The Joint sub-Committee on the Ombudsman shall have the following powers :

(a) the powers defined in Standing Order 83, other than paragraphs (4A), (4B) and (6A) thereof; and

(b) power to refer any matter which has been considered by it (and which has been concluded to be of sufficient importance to require additional consideration) to the relevant Joint Committee appointed under Standing Order 82A for further consideration and report back to the Committee,

(9) Each Joint sub-Committee shall have the power to report directly to the Dail

(10) The provisions of Standing Order 92, other than paragraph (1) thereof, shall apply to the Joint Committee and its sub- Committees,

(11) In carrying out their roles under this Standing Order-

(a) the Joint sub-Committee on the Ombudsman-

27 shall agree guidelines on collaborative working between the Joint sub-Committee and the Ombudsman, including a right of initiative for the Joint sub-Committee in bringing specific matters to the attention of the Ombudsman, and

may Iiaise with such other Ombudsmen, regulatory public bodies or bodies established for the purpose of redress, as the Joint sub-Committee considers appropriate,

the Joint sub-Committee on Public Petitions may . engage with the Committee on Petitions of the European Parliament including in relation to the European Citizens' Initiative.

(12) It shall be an instruction to the Joint Committee and its sub- Committees that they shall not consider any matter which is being considered, or of which notice has been given of a proposal to consider, by the Committee of Public Accounts pursuant to Standing Order 1.63 and/or the Coinptroller and Auditor General (Amendment) Act 1993.

The Joint Committee shall prepare an annual work . programme and an annual report as outlined in Standing Order 86, which shall be laid before both Houses of the Oireachtas.

Lodging a petition.

1.65B. (1) A petition may be addressed to the Houses of the Oireachtas on a matter of general public concern or interest in relation to their legislative powers or an issue of public policy.

A petition may be lodged by an individual person, a body corporate or an unincorporated association of persons, (3) A petition shall clearly indicate-

(a) the name of the petitioner;

(b) an address of the petitioner to which all communications concerning the petition should be sent; and

the name and address of any person supporting the petition.

(4) All petitions addressed to the Houses of the Oireachtas shall stand referred to a Committee or sub-Committee empowered to consider petitions under this Standing Order and Standing Orders 165C, D and E (referred to in this Standing Order and Standing Orders 165C, D and E as 'the Committee"). . (5) The Committee shall, from time to time, determine-

(a) the proper form of petitions,

(b) the manner in which petitions are to be lodged with the Houses, and

(c) such other matters in relation to the consideration of petitions as the Committee considers appropriate and which are riot otherwise provided for in these Standing Orders.

Admissibility of petitions.

1.65C. (1) A petition is admissible unless it-

(a) requests the Dail to do anything other than the Dail has power to do;

(b) does riot comply with Standing Orders or is otherwise riot in proper form;

(c) is subj'udice within the meaning of Standing Order 57;

(d) contains the name or names of individuals;

(e) contains language which is offensive or in the nature of being defamatory; is the same as, or in substantially similar terms to, a petition brought by or on behalf of the same person, body corporate or unincorporated association during the lifetime of that Dail and which was closed by agreement of the Committee;

(g) is frivolous, vexatious or otherwise constitutes an abuse of the petitions system;

(h) requires the Committee to consider an individual complaint which has been the subject of a decision by the Ombudsman, by another Ombudsman, or by a regulatory public body or a body established for the . purpose of redress.

(2) In relation to admissible petitions, where a petition deals' with

(a) local or regional matters,

(b) matters which are more appropriate to a regulatory public body or a body established for the purpose of redress,

the Committee shall establish that all available avenues of appeal or redress have been utilised by the petitioner prior to the Committee considering the matter.

(3) The Committee shall consider and decide in a case of dispute . whether a petition is admissible and shall notify the petitioner of its decision and of the reasons for that decision.

Action on petitions.

1.650. (1) If a petition is admissible, the Committee shall take such action as it considers appropriate in relation to that petition.

(2) Without prejudice to the generality of paragraph (1), the Committee may- refer the petition to the Ombudsman, another Ombudsman or a regulatory public body or a body established for the purpose of redress;

refer the petition to any other Committee as it considers appropriate, with a request for further consideration and report back to the Committee;

report to the Dail with recommendations, including a request that the report be debated by the Dail

The Committee shall notify the petitioner of any action taken under paragraph (2). .

Closing of petitions.

1.65E. (1) The Committee may close a petition at any time.

(2) Where the Committee closes a petition, it shall notify the petitioner that the petition is closed and of the reasons for closing it.

. Append, x 4. Membership of Committee of the Joint O, reachtas Committee on Publ, c Service Oversight and Petitions

List of Members of the Joint Oireachtas Committee on Public Service Oversight and Petitions 20, .,.-20, .6 3. .st Dail and 24th Seanad

Chairma n : Padreig Macrochlainn TD (SF)

Vice Chairman : Derek Nolan TD (LAB)

DeDuties: Richard Boyd-Barrett TD (PBP) . Paul J Connaughton TD (FG)

Pat Deemg TD (FG)

John Halligan TD (Ind)

Sean Kenny TD (Lab)

Seamus Kirk TD (FF)

Michael P. Kitt TD (FF)

MIChael Healy-Rae TD (Ind)

Arithony Lawlor (FG)

Michelle Mulherin TD (FG) . Mary Mitchell O'Connor TD (FG)

, Aengus O SnOdaigh TD (SF)

Jack Wall TD (Lab)

Senators : (FG)

, Trevor O CIOcharLaigh (SF)

Susan O'Keeffe (LAB)

Ned OSullivan (FF) I. Deputy Sean O Fenghail was appointed in place of Deputy on 28 February 201.2.

2. Senator Thomas By me was appointed in place of Senator Darragh O'Brien on 14 June 2012.

3. Deputy Richard Boyd-Barrett was appointed in place of Deputy Mick Wallace on 27 June 201.2.

4. The Committee on Investigations, Oversight and Petitions was renamed the Committee on Public Service Oversight and Petitions on 11 July 2012

5. Deputy Noel Harrington was appointed in place of Deputy John Paul Phelan on 28 November 2012.

6. Deputy Peadar T6ibin resigned as Chairman with effect from 1.0 December . 2012.

7. Senator Thomas By me was discharged from the Committee on 19 December 201.2.

8. Deputy Padreig Mac Lochlainn was appointed in place of Deputy Peadar Toibin on 1.6 January 201.3 and was elected as Chairman to the Committee on 30 January 2013.

9. Deputy Mick Wallace was appointed in place of Deputy loan Collins on 23 January 2013.

Deputy Seamus Kirk was appointed in place of Deputy Charlie MCConalogue on 1.8 July 201.3. . 9. Deputy Michael P. Kitt was appointed in place of Deputy Sean O Fenghail on 18 July 2013.

10. Deputy HeIen MCEntee was appointed in place of Deputy Peter Machews on 18 July 2013.

Deputy Jack Wall was appointed in place of Deputy Michael Conaghan on the 7 October 2013.

12. Deputy WillIe Penrose was appointed in place of Deputy Michael McCarthy on the 9 October 2013.

13. Deputy John Halligan was appointed in place of Deputy Mick Wallace on 5 February 201.4.

14. Deputy Patrick O'Donovan was appointed in place of Deputy A1an Farrell on the 1.2 February 201.4.

15. Deputy Sean Kenny was appointed in place of Deputy Willie Penrose on the 5 March 201.4.

16. Senator Ned OSullivan was appointe on the 6 March 2014.

17. Deputy F1anagan Automatically discharged from the Committee on his appointment as Minister.

18. For Children and Youth Affairs on the 15 May 2014.

19. Deputy Pat Deering was appointed in place of Deputy Charlie F1anagan on . the 16th June 201.5.

20. Deputy Paul J Connaughton was appointed in place of Deputy He Ien MCEntee on the 16th June 201.5

Deputy Arithony Lawlor was appointed in place of Deputy Patrick O'Donovan on the 16th June 2015.

22. Deputy Mary Mitchell O'Connor was appointed in place of Deputy Noel Harrington on the 16th June 201.5.

23. Senator was discharged from the Joint Committee on 23rd September 2015.

. Appendix 5 - Political Party Abbreviations

CEG - Civil Enactment Group

FF - Fianna Fall

FG - Fianna Gael

GP -

IND - Independent

Lab - Labour

PBP - People Before Profit

SF - Sinn Fein Appendix 6 . Examples of Petition Titles Received

0. .6 - 20203, .st Dail and 24th Seanad

Extend Offer of Nationalisation to Northern Ireland & Scotland Exemption from audit for small grassroots members driven volunteer political parties Kindness and support to Native American nations in time of need - Stop the North Dakota Pipeline Dedicated queues for Irish Citizens and their Nori-EU family members at passport control Unconstitutionality of the proposed Bill: "Criminal Justice (Aggravation by Prejudice) Bill20i. 6 . Investigate circumstances relating to flawed implementation of fishing legislation o Ireland should join the Antarctic Treaty o Criteria in order to qualify for a Primary Medical Certificate o Creating a Tobacco Free Generation o Amend the Driving Test Requirements o Direct Debit Payments for Motor Tax in all classes o Unconstitutionality of Courts Bill2016 o Reduce Maximum Working Week to 40 Hours o Provision of Mosques and Islamic Education of Muslim minority of Ireland o The best ideas are not always the most popular - Reform the petitions process . Change the name of the Department of Justice and Equality' to the 'Department of Legal Affairs' Lack of appeal opportunity for pension assessment Financial Ombudsman Review Stop the Use of Depot medroxyprogesterone acetate (Depo Provera( in Ireland

Responsible service of alcohol Civil Rights for Civil Servants Public consultation on the feasibility of developing a hemp industry Equality for School Secretaries Make co-operation with Trump administration conditional on human rights Stop the Taoiseach attending St. Patrick's Day event with Doriald Trump o Eradicate Homework for Children in Primary Schools Assigning mandatory community service to people claiming job seeker's allowance at minimum wage rate or greater To re-route the Leinster Orbital North of Navan away from the Tara and Bru Na Boinne archaeological landscapes and to create a legally binding mechanism to allow early intervention in the case of large infrastructure affecting areas of National importance To devolve full legal responsibility and decision making for archaeology and heritage to Heritage Council o Make the New English Junior Cert Exam fairer by adding thirty extra minutes Widening eligibility requirements for Irish Citizenship by descent (FBR) . The cost of Irish passports Introduce refundable deposits on bottles and cans in Ireland. The Lough Foyle Ferry Service should be maintained by the Irish & British Governments o Open an Autism Spectrum Disorder (AsD) Unit in all Primary and Secondary schools Regulatory action towards insurance claims and premiums To Remove the Statue of Prince A1berL from the Grounds of Leinster House o End privatisation of Irelands water network o Stop Bill restricting Freedom of Speech on the Internet/Social Media o Legalisation of Cannabis, for personal use o Catalan Civil Rights Compromised . Traffic and remote working o 30,000 foxes killed yearly in Ireland o Buddy System for 3rd level students and elderly o Bureaucracy and the public services Card o Lead by example - Close the D^11 bar o Health Service Executive (HSE): Stop the ticking time bomb, make lifesaving Resprezza available to us now o Reinstating the Early Childhood Care and Education Programme (ECCE)- Over Age Exemption for Children with Special Needs. o End the Irish Arms trade with Israel

National ise the Irish Central Bank Make Drogheda a city The People against plastic ties Bring Irish hospitals up to an acceptable European Standard Unmarried fathers should have same rights as married fathers Access to effective health care with a detox centre for and for the re classifying addiction as mental health issue The removal of the Sean Russell statue from Fairview Park, Dublin Make Mullingar the capital of the in Idlands Repeal or amend Section 53 of Criminal Justice Theft and Fraud Offences

Act 2001

Mandatory training for Irish mainstream school teachers children on . spectrum disorders o House purchase grant for Emergency Services personnel o Review of definition of First Time Home Buyer o Petition to stop the invitation of Trump o Save the Raidio Teilifis Eireann (RT^)" Orchestras o Lower the Irish voting age to 17 for local and European elections o Adequate release time for teaching principals with special classes o Status of Local Roads - remove from legislation the differentiation of local roads serving private dwellings as being either 'non-public or 'public' and amend legislation accordingly to classify such roads equally as public Release days and payment for teaching principals Abolish abortion on a healthy baby up to 1.2 weeks o Petition for Family Intervention Needs Assessment Legislation, the establishment of a Mental health Authority and addiction services for Cork Review of operation of Sections 27 & 28 of the Safety, Health & Welfare at Work Act 2005 Stop means testing of Carers Allowance Scrap Christmas Bonus o Save Fermoy Weir o Keep the Spawell Driving Range operational o Time Limit for Direct Provision Require supermarkets to offer a plastic-free option for all their fruit & veg

'' Ireland's National Television and Radio Broadcaster

38 Inability to comply to Irish Car registration legislation due to inability to achieve insurance coverage o People with poor literacy skills are not supported adequately by government bodies o Support Stamp 3I Spouse Visa Holders for the Right to Work o The organisation of an All-Ireland Citizens' Assembly to negotiate a referendum for Irish Unity o The cost of being a woman o Limit puppy breeding establishments to 10 adult bitches at any one time and improve conditions Ireland should join CERN o Offer free naturalisation for British Nationals living in Ireland in the event . of a no deal Brexit o Freedom fF Information Act to extend to the Presidency o Mayo electricity efficiency scheme To stop the criminal is ing and harsh penalties for new learner drivers Grant Irish citizenship to British citizens who currently reside in Ireland and are married to Irish citizens Tax Investment Companies Buying Housing at a Higher Rate Father's rights o Euthanasia- painless killing of an individual Celebrate Riverdance as a public holiday on 30th April Stop Culling 7,000 Irish Badgers Annually Now: Implement TB Vaccination Programme Instead Raise the age limit for joining the Defence Forces o Obligation to surrender six months of bank transactions for Irish visa application is a serious invasion of privacy Military used to build public services to reduce the cost of living in Ireland Legalisation of NN-Dimethyltryptamine The removal of paper receipts for all card transactions by 2022 Minimum of Labelling on all non-recyclable products to 20% of overall size of packaging design Funding needed for Autism Spectrum Disorder (AsD) Units Visit the Nori-Government Organisations (NGO) leaders and democratically elected Catalan politicians detained

39 Harmonisation of annual leave for all personnel in the public sector Make ecocide a crime in Ireland To triple the number of Irish resident election observers International investigation on the terrorist attacks in and Cainbrils

o Petition to back date paid parental leave to all parents whose child is still within their first year of life when the policy is implemented

, o Independent investigation into RTE News Programmes for bias and propaganda o Protect our children online o Unauthorised Development on the River Shannon . o Cold Case Unit for Limerick o Irish Constitutional Monarchy Referendum o Make parental alienation a crime in Ireland o Blanket reform of state examinations process o Allow the heads of the former royal families of Ireland to be recognised as constituent monarchs

Amendment to Irish Citizenship Act for great grandchildren Shorten waiting times at Merrion Gates railing crossing Employ an independent commission of European experts to assess the Irish Health System and give guidance for urgent reform Allow an Garda Siochana to forcefully remove Scrambled Quad bikes from the road .