Oireachtas Joint and Select Committees

Wednesday, 29 May 2013

Joint Oireachtas Committee on Public Service Oversight and Petitions

Ombudsman's Report on Nursing Home Care: Discussion with Department of Health

4:45 pm

Photo of Susan O'KeeffeSusan O'Keeffe (Labour) | Oireachtas source

With regard to redress, the Ombudsman said she was not recommending compensation and she proposed a limited redress scheme. Why was it not taken up? That might have avoided litigation.

The Ombudsman clearly said the settlement of these cases is obstruction on the part of the Department. As Senator Ó Clochartaigh said, the committee has dealt with other ombudsmen and the language in her statement of 6 December was strong. What is Dr. McLoughlin's view on that?

I asked him earlier to address the future relationship between the Department and the Ombudsman. I acknowledge an official has been put in place but the Ombudsman stated: "Important as these schemes are for the people who should benefit from them, of far greater importance is the challenge thrown down by a Minister and his Department who, it would seem, refuse to respect the law of the land." Essentially, her entire statement on 6 December was about that and we have not addressed her point that the Department is not respecting the law of the land. It seems that the relationship is broken and cannot be repaired. Should the Ombudsman fold her tent because she can have no input due to a lack of respect?

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