Charlie McConalogue (Donegal North East, Fianna Fail) | Oireachtas source

I join colleagues in welcoming the Ombudsman and Mr. Butler. It is shocking that the HSE and the Department of Health which are responsible for administering, implementing and overseeing laws would break the law and not adhere to it in their own actions. The Ombudsman has highlighted the vulnerable position in which this leaves many of those affected as a result.

In the absence of court action, they find it difficult to get a resolution. It emphasises the importance of the Office of the Ombudsman as a recourse for them. The fact that a recommendation from the Ombudsman can be disregarded after it has been pointed out that the law has been broken shows a real weakness in the system. Mr. Butler said the fact that the mobility allowance scheme and the motorised transport grant do not have statutory underpinnings creates real difficulties in terms of how appeals can be dealt with without taking a court case or seeking a judicial review. We must learn the lesson and ensure there is a proper structure and statutory underpinning for all schemes so that this does not happen again. I agree with my committee colleagues that we must ensure the Minister and his officials come before the joint committee to get to the bottom of the issue. The Office of the Ombudsman pointed out the importance of organisational culture and it is critical that the joint committee address that issue. That is an important role for the committee.

The Ombudsman has come before us to outline her findings in these two cases. What level of engagement existed in the past between the Ombudsman and the Oireachtas? Did she present her reports to committees, as we are doing today, and engage in discussion on them? I know she must lay her reports before the Oireachtas.