1. “Ombudsmen came to be seen as useful in helping to meet the problem of an expanded bureaucracy in the modern welfare state … the activities of which had grown in range in complexity. The increase in the powers of discretion given to the executive side of government led to a need for additional protection against administrative arbitrariness, particularly as there was often no redress for those aggrieved by administrative decisions.” – Seneviratne, ‘Ombudsmen in the Public Sector’. Critically analyze this statement, with reference to cases. Question 2 Part B (answer one question from Part B) – please note that fact patterns are fictional In2021,theOireachtaspassedthe(fictional)UniversitiesReorganisationAct,whichprovides the Labour Court with the power, in cases where there is a labour dispute between University management and staff, to set rates of pay and levies across the sector to provide for the training and development of existing staff. In the University of Kilcock, the Labour Court decided to set a levy against existing staff of 0.1% of income. Prof. Wade did not agree to the determination on the basis that no labour dispute existed, and refused to pay the levy, whereupon the University terminated their contract of employment. Prof. Wade seeks your advice as to whether they can sue the university or Labour Court, and whether the Labour Court acted outside its powers in setting the levy.
