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

5:00 pm

Mr. Peter Tyndall:

Two issues arise in regard to the Medical Council and the Law Society. Most complaints about professionals such as doctors, solicitors and nurses do not speak to their ability to continue to practice. The sanctions available to the professional bodies are the nuclear option. Somebody could be suspended or struck off. That needs to exist because occasionally somebody will be a danger to others or a solicitor may use clients' resources inappropriately. It is necessary to have a body which can determine whether an individual continues to be fit to practise and, if he or she does something badly wrong, investigates that. However, that is the wrong option for most complaints. An ombudsman is the better place to bring most complaints about doctors, nurses or solicitors going about their work.

In recent years, reforms have been made to professional bodies to ensure that the majority of people on boards are independent. This is a useful safeguard. Changes were contemplated to the way in which the legal profession was to be regulated but they have not been implemented. In regard to whether we could establish a legal ombudsman, such roles exist elsewhere or some other means could be provided to allow people to get redress. People want redress that falls short of a professional standards issue. It might simply be a complaint about a solicitor who made a mistake which cost the client money or deprived him or her of an advantage. An ombudsman is well placed to deal with those matters outside of the courts and to get a resolution or explanation for people. That is a possible route forward. The kind of changes that are being put in place to ensure a majority of independent professionals on boards is important and over time we will monitor how these changes are delivered.

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