Mr. Peter Tyndall:

I was not, and I should be very clear on it. When the HSE investigates complaints, there should be a two-stage complaint process. If the nurse or doctor who receives a complaint is unable to resolve it on the spot, there should be a single investigation conducted within the health service, or wherever else it is in the public service. If this does not resolve the matter, it should come to my office. Given that the HSE or hospital investigating a complaint cannot examine matters of clinical judgment, there is a gap in the legislation which does not exist elsewhere. The problems that it is postulated would arise should that jurisdiction change do not arise elsewhere; it does not cause the problems it is said to cause. We can examine, say, issues about nurses failing to implement a programme of medication, but the decision to put the programme in place might be a clinical judgment. This is not the kind of complaint that should go to a professional body but should be dealt with by the hospital concerned and the Ombudsman. However, the only route it can take now is through the professional body, which is inappropriate.