Consultation Paper on Alternative Dispute Resolution - Law Reform ...

conducting the mediation process, the Garda Ombudsman retains the discretion
to either close the case or to have it investigated pursuant to section 92 of the
2005 Act.
(g) Press Ombudsman
2.99 The Office of the Press Ombudsman is part of a new system of
independent regulation for the print media in Ireland connected with a 2007
Code of Practice agreed by the Press Council, a representative body of the
industry. The aim of the Ombudsman is to provide the public with a quick, fair
and free method of resolving any complaints about newspapers and periodicals
that breach the Code of Practice.
2.100 The Ombudsman's Office will, in the first instance, attempt to resolve
the matter by making direct contact with the editor of the publication concerned.
It will outline the complaint to the publication and seek to resolve the matter by a
process of conciliation. If conciliation is not possible, the Ombudsman will
examine the case and make a decision and may also refer significant or
complex cases to the Press Council. The Defamation Bill 2006 when enacted
will give statutory backing to the Press Ombudsman. 104
(h) Legal Services Ombudsman
2.101 The Legal Services Ombudsman is to be established under the Legal
Services Ombudsman Bill 2008. 105 Members of the public will be able to appeal
to the Legal Services Ombudsman if they are dissatisfied with the outcome of
complaints to the disciplinary bodies of the Law Society of Ireland (which deals
with complaints concerning solicitors) or the Bar Council of Ireland (which deals
with complaints concerning barristers).
2.102 The 2008 Bill states that the functions of the Legal Services
Ombudsman are to receive and investigate complaints about the handling by
the Law Society and Bar Council of complaints made to them by clients of
barristers and solicitors, to ensure that such complaints are dealt with fairly,
effectively and efficiently by the two professional bodies, to assess the
adequacy of their admissions policies and to promote public awareness of the
complaints procedures of the two bodies. 106
2.103 Sections 21 and 22 of the 2008 Bill provide for the making and
investigation of complaints. A complaint may be made to the Ombudsman
concerning the handling by the Bar Council or the Law Society of a complaint
104 Bill Number 43 of 2006.
105 Bill Number 20 of 2008.
106 Section 9 of 2008 Bill.
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