Oireachtas Joint and Select Committees

Wednesday, 1 October 2014

Joint Oireachtas Committee on Public Service Oversight and Petitions

Role and Functions: Office of the Ombudsman

4:20 pm

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

I welcome Mr. Tyndall and Ms McNally again. Senator O’Keeffe referred to the HSE and health. I am trying to sort out Mr. Tyndall’s statement on the need for the expansion of the Ombudsman’s function to adjudicate on clinical judgments and how it would work. If he were to examine the clinical judgment exercised by a doctor in a given case, would he have access to some sort of medical expertise or would his judgment be based purely on what the doctor has to say? I presume the lay person or the patient would have more limited access. Would the Ombudsman have a body of professionals to whom he could refer? In which other jurisdictions and for what other professions is this done? It sounds new to me.

The issue of medical cards was very topical before summer and there is a panel trying to formulate new rules to see what we can do as legislators. Mr. Tyndall flagged that considering the volume of complaints we receive, he seems to receive fewer. Has that increased because he flagged it? What information might we bring to bear when we examine the issue of eligibility for medical cards, which will happen soon? Mr. Tyndall’s predecessor pointed out the inequality in the mobility allowance schemes operated by the HSE. I am very disappointed the HSE has not produced the new scheme and I have pursued it with the previous Minister for Health, Deputy Reilly, and the new Minister, Deputy Varadkar. Although it has been ring-fenced and the HSE is not accepting new applications, there are people who deserve to be looked after because of mobility problems and disabilities but who are not. It seems to be suspended. I presume it is out of the Ombudsman’s hands, he has done his part and it is for the Minister. Has he had any complaints about inequality from individuals who cannot access the scheme because they may not be considered although there are people on the scheme?

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