Michael Fahy, the Minister of Home Affairs, has issued a statement maintaining that Victoria Pearman, the Bermuda Ombudsman, was in error when a report cited maladministration on his ministry’s behalf.

Senator Fahy spoke after his dismissal of the report earlier in the year provoked concern from two overseas bodies, the Ombudsman Association and the International Ombudsman Institute.

Responding to the letters sent by the groups to Randy Horton, the Speaker of the House, Sen Fahy said the ministry supported the Ombudsman’s freedom to conduct her investigations.

“The Ombudsman plays a crucial role in providing an independent and objective consideration of complaints, as well as ensuring that any injustices or systematic failings are put right based on his or her findings. However, if in our opinion those findings are simply not correct, then there is nothing in law that prevents any Minister from putting across another point of view,” he said.

His remarks on June 29, which addressed a complaint made against the Department of Immigration, criticised the report as “a farce” that related to “matters that happened over two years ago”.

Sen Fahy said the statement had included “a factual and clear counterview to that of the Ombudsman’s, notwithstanding the concerns which have since been raised by the International Ombudsman Institute and the Ombudsman Association”.

“These organisations are entitled to their own view, which sadly have clearly come from only one source and is representative of only one view.

“It should be noted, however, that in the Department’s letter to the Ombudsman dated September 11, 2014, they committed to address several recommendations proposed by the Ombudsman. As one example, the Ombudsman suggested the Department amend the Advertising and Recruitment Criteria so that changes to job closing dates or changes to application addresses would render the advertisement invalid. This was in fact a very good suggestion and was included in the Work Permit Policy as at 1st March 2015.

“Additionally, the Ombudsman’s Report relates to matters that happened over two years ago. Significant strides have been made in the department since then, including a new work permit policy and a civil penalty regime — with literally dozens of cases being investigated and dealt with by the Chief Immigration Officer and her team.

“We will continue to support the work of the Ombudsman but in this particular case she has overreached especially as regards to the fine line between her role to investigate maladministration and that of ministerial policy and ministerial discretion. The minister stands by this view, notwithstanding the apparent pressure being made by outside organisations of which the Ombudsman is a member.”