17Procedure relating to investigations

17 Procedure relating to investigations S. 17(1) substituted by No. 8884 s. 4(a), amended by Nos 12/1989 s. 4(1)(Sch. 2 item 86.8), 103/2003 s. 30(3)(4), 65/2007 s. 112, substituted by No. 82/2012 s. 232(1). (1) Before conducting an investigation under this Act, the Ombudsman must inform the following in writing of the Ombudsman's intention to conduct the investigation— S. 17(1)(a) amended by Nos 85/2012 s. 153(1)(a), 2/2019 s. 74(1)(a). (a) the complainant or the person who made the relevant public interest complaint; and S. 17(1)(b) amended by Nos 85/2012 s. 153(1)(b), 2/2019 s. 74(1)(b). (b) the principal officer (if any) of the authority or public interest disclosure entity to which the investigation relates; and S. 17(1)(c) substituted by No. 85/2012 s. 153(1)(c), amended by No. 2/2019 s. 74(1)(b). (c) the responsible Minister (if any) for the authority or public interest disclosure entity to which the investigation relates; and S. 17(1)(d) amended by No. 85/2012 s. 153(1)(d). (d) if the investigation relates to a member of staff of a Council or a Councillor, the Mayor of the Council. S. 17(1A) inserted by No. 85/2012 s. 153(2), repealed by No. 2/2019 s. 74(2). S. 17(1B) inserted by No. 85/2012 s. 153(2). (1B) The Ombudsman must not inform a person under subsection (1) if doing so would result in information being disclosed that— S. 17(1B)(b) amended by No. 2/2019 s. 74(3). (b) is not information to which section 53(2)(a), (c) or (d) of the **Public Interest Disclosures Act 2012** applies. (2) Every investigation under this Act shall be conducted in private. S. 17(3) amended by Nos 35/1996 s. 453(Sch. 1 item 62.2), 18/2005 s. 18(Sch. 1 item 73.2), 82/2012 s. 232(2), 30/2016 s. 70(2)(t), 2/2019 s. 162(1). (3) The Ombudsman is not required to hold any hearing for the purposes of an investigation, and the Ombudsman may obtain information from such persons and in such manner as the Ombudsman thinks fit. S. 17(4) substituted by No. 82/2012 s. 232(3), amended by Nos 85/2012 s. 153(3), 2/2019 s. 74(4). (4) If at any time during an investigation it appears to the Ombudsman that there may be grounds for making a report adverse to an authority or a public interest disclosure entity, the Ombudsman must, before making the report, give the principal officer (if any) of the authority or public interest disclosure entity the opportunity to comment on the subject-matter of the investigation. S. 17(4A) inserted by No. 85/2012 s. 153(4), amended by No. 2/2019 s. 74(5). (4A) If at any time during the course of an investigation on a relevant public interest complaint about a Councillor it appears to the Ombudsman that there may be grounds for making a report adverse to the Councillor, the Ombudsman must, before making the report, give the responsible Minister or the Mayor of the relevant Council the opportunity to comment on the subject-matter of the investigation. S. 17(5) amended by Nos 85/2012 s. 153(5), 2/2019 s. 74(6). (5) The Ombudsman may at any time during or after an investigation (other than an investigation on a relevant public interest complaint about a member of Parliament) consult a Minister who is concerned in the subject-matter of an investigation, and if a Minister so requests or the investigation relates to a recommendation made to a Minister, shall consult the Minister before forming an adverse opinion in relation to the administrative action concerned or, in case of an investigation of a relevant public interest complaint, an adverse opinion in relation to the conduct. S. 17(5A) inserted by No. 8884 s. 4(b), amended by No. 12/1989 s. 4(1)(Sch. 2 items 86.9–86.11) (as amended by No. 13/1990 s. 38(2)(m)), substituted by No. 82/2012 s. 232(4), amended by Nos 85/2012 s. 153(6)(a), 2/2019 s. 74(7). (5A) If an investigation relates to an administrative action taken by a member of staff of a Council or relates to a relevant public interest complaint about conduct of a Councillor or a member of staff of a Council, the Ombudsman— (a) may, at any time during or after the investigation, consult the Mayor of the Council; and S. 17(5A)(b) amended by No. 85/2012 s. 153(6)(b). (b) must, if the Mayor so requests or the investigation relates to a recommendation made to the Council, consult the Mayor before forming an adverse opinion in relation to the administrative action or conduct. S. 17(6) amended by Nos 8884 s. 4(c), 12/1989 s. 4(1)(Sch. 2 item 86.12), substituted by No. 82/2012 s. 232(4), amended by Nos 85/2012 s. 153(7)(a), 2/2019 s. 74(8). (6) If, during or after an investigation, the Ombudsman considers that there is evidence of a breach of duty or misconduct on the part of an authority or a public interest disclosure entity, or a member, officer or employee of an authority or a public interest disclosure entity, the Ombudsman must— S. 17(6)(a) amended by Nos 85/2012 s. 153(7)(b), 2/2019 s. 74(8). (a) report the matter to the principal officer (if any) of the authority or public interest disclosure entity; and S. 17(6)(b) amended by Nos 85/2012 s. 153(7)(c), 2/2019 s. 74(8). (b) send a copy of the report to the responsible Minister and, if the authority or public interest disclosure entity is a member of staff of a Council or a Councillor, to the Mayor of the Council. S. 17(6A) inserted by No. 85/2012 s. 153(8). (6A) The Ombudsman must not disclose any information under subsection (4), (4A), (5), (5A) or (6) that— S. 17(6A)(b) amended by No. 2/2019 s. 74(9). (b) is not information to which section 53(2)(a), (c) or (d) of the **Public Interest Disclosures Act 2012** applies. S. 17(6B) inserted by No. 30/2016 s. 67. (6B) The Ombudsman may at any time during an investigation discontinue the investigation if in all the circumstances the Ombudsman considers that— (a) a ground specified in section 15A for refusing to deal with the complaint or section 15E for refusing to conduct an investigation would now apply; or (b) the matter has been sufficiently investigated and further investigation is not warranted. S. 17(6C) inserted by No. 30/2016 s. 67. (6C) The Ombudsman must at any time during an investigation discontinue the investigation if in all the circumstances the Ombudsman considers that a ground specified in section 15 for refusing to deal with the complaint or section 15D for refusing to conduct an investigation would now apply. S. 17(6D) inserted by No. 30/2016 s. 67. (6D) If the Ombudsman discontinues an investigation in accordance with subsection (6B)(a) or (6C)— (a) the Ombudsman must, within a reasonable time of discontinuing the investigation, inform any person informed of the investigation under subsection (1) of— (i) the discontinuance of the investigation; and (ii) the reason for that discontinuance; and (b) sections 23, 23A and 24(1) cease to apply in relation to the investigation. S. 17(6E) inserted by No. 30/2016 s. 67. (6E) If the Ombudsman discontinues an investigation in accordance with subsection (6B)(b)— (a) sections 23, 23A and 24(1) apply as if the investigation had been completed; and (b) the Ombudsman must provide the reason for the discontinuance in any report or notification given under those sections. S. 17(7) amended by Nos 30/2016 s. 70(2)(u)(v), 2/2019 s. 162(2). (7) Subject to this Act the Ombudsman may regulate the procedures on an investigation in such manner as the Ombudsman thinks fit. S. 18 amended by Nos 8884 s. 5, 15/1989 s. 28(2), 69/2009 s. 54(Sch. Pt 2 item 37), 52/2012 s. 21, 82/2012 s. 233, 85/2012 s. 154, 67/2014 s. 147(Sch. 2 item 27.1), 30/2016 s. 70 (2)(w)(3)(a), 2/2019 s. 79(Sch. 1 Pt C item 17), substituted by No. 2/2019 s. 163.