Susan O'Keeffe (Labour) | Oireachtas source

I thank the Ombudsman for the clarity and toughness of her report. It is interesting to note that when the Minister for Public Expenditure and Reform, Deputy Howlin, made his budget statement yesterday, he first opted to speak about the importance of political reform. He reminded everybody that his Department is not just the Department responsible for public expenditure but also the one responsible for reform. Part of the reform agenda was to set up this committee. Therefore, on first examination, this is an opportunity for us not only to commend what the Ombudsman has said but also to do something about it.

The only action I can think of in response to the illegality is to request the Minister of Health to appear before the committee in order that we can have a robust exchange of views on the decision. I accept that other Ministers made similar decisions on other matters, but we cannot question them because we can only question the one who is present.

In regard to the report, Who Cares?, as a separate issue, although part of the same story, Ms O'Reilly has stated she asked the Department of Health to consider a limited scheme of redress, but it did not respond to her request. Does she mean that the Department did not respond at all or was its response unfavourable? What was the nature of the exchange? She was taking on board her wider remit of costs and the public interest in making her recommendation. If the committee is to take the issue of oversight and its relationship with the Office of the Ombudsman seriously, we have no choice but to call the Minister to account for his decision. As Ms Reilly pointed out, the law is not optional.