Michael Healy-Rae (Kerry South, Independent) | Oireachtas source

I thank the Ombudsman and Mr. Fintan Butler, the senior investigator for her office, for coming here today and putting forward an excellent report which is of vital importance. As the Ombudsman rightly stated the issue is not only this case, which she rightly highlighted, with regard to the future viability of that scheme but the application of the Equal Status Acts. Are Departments bound by law in the same way as are the citizens of this State? That is what is of paramount importance here. Every business person and citizen must obey the laws and rules of this land to the best of their ability at all times. It is not optional or correct for successive Ministers to ignore advice. I do not blame anybody in any Department at any time or any individual for making an error if one is made. I am of the firm belief that the person who never made a mistake never made anything. That was the way we were brought up, namely, that people in trying to do things and trying to help people will mistakes in life. We all do, but it is another matter when advice on issues of paramount importance is not taken by a Department, Minister, Government and indeed successive Governments. I was a member of the former Southern Health Board when the initial controversies arose and Departments were giving advice on the nursing home changes. I stood up at health board meetings and said that was wrong and I and others were ignored. I was just an ordinary member of a local authority. Taking no notice of the fact that what I said at the time was ignored, the advice of the Ombudsman at that time was ignored and eventually the outcome was that people rightfully received compensation. Nobody wants to see the State being faced with a massive legal or compensation bill but if that is to be the case so be it. It is not the fault of the individuals concerned or the fault of the people of this State that Departments believe they can operate outside the law and can dip in and out in terms of the application of the Equal Status Act to one or other sector of society. In other words, its approach is: do as we say but not as we do.

I genuinely thank the Ombudsman for the great service she and her office are giving, and that her predecessors have given, to the people of the country in their work. Hopefully, Departments, Ministers and the Government will have to listen. For any Minister or Department to dismiss a report and work such as this is nothing short of an outrageous scandal and abuse of power, and that should not be tolerated by any one of us. I very much thank the Ombudsman and Mr. Butler for being here today.