Oireachtas Joint and Select Committees

Thursday, 6 December 2012

Joint Oireachtas Committee on Public Service Oversight and Petitions

Ombudsman Special Reports: Discussion with Ombudsman

1:05 pm

Photo of Michelle MulherinMichelle Mulherin (Mayo, Fine Gael) | Oireachtas source

I welcome the Ombudsman and her colleague. She has described her great frustration in dealing with the Department of Health and outlined a litany of previous problems with the Department, some of which have resulted in additional costs to the State because they were not dealt with in a timely manner. She performs a helpful role in that the ordinary citizen can bring a problem such as this to her office without having to have recourse to the courts. The expense in these cases is prohibitive and uncertain for individuals who believe they have been put upon enough. Any report to which the Ombudsman gives time and on which he or she deliberates should be given the gravest consideration by the Department involved.

I am concerned, as is the Ombudsman, about the level of engagement by the relevant Department when she presents such a report in teasing out the issues raised. Has she received an acknowledgement from the Department of Health that it is in breach of the Equal Status Acts? Is it stating what she is saying, that it acknowledges it is in breach but there are cost issues? However, that does not hold water. How much engagement has there been between her office and the Department? Have officials formally acknowledged that they have breached the Equal Status Acts or are they disputing this to justify their position?

It is very much welcome that the Minister, if necessary, and the relevant officials will come before the committee in the interests of natural justice. We are talking about the rule of law and natural justice also applies. This is an oversight committee, which means we should observe the rules and exercise our power and right to ask piercing questions to resolve this issue because I would like to see a resolution. It should never have had to come before us because of a breakdown in communication, which makes it sound simplistic. It may be a cultural issue, as the Ombudsman mentioned, and this needs to be tackled, but we need to get to the bottom of the matter and arrive at a solution in respect of her position as a watchdog.

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