Mr. Peter Tyndall:

An ombudsman does not generally consider whether to take away a doctor's right to practise but simply asks whether he or she got it wrong in that instance, what needs to be done for the individual concerned and whether lessons can be learned. The two elements complement each other; they are not in competition. At present we only have one element and I think we need both elements. It is not a question of reducing the role of the Medical Council. It plays a vital role, but it is a different one.

If nursing homes are contracted by the HSE they are within jurisdiction. The issue arises where people are paying for their own care while also getting funding from the State. That can be brought into place under the 2012 Act. I am looking forward to seeing that happen. There could be three patients in the same nursing home: one of whom is a wholly private patient who has no recourse to anyone at present; a second who is getting funding from the HSE towards the cost of the accommodation and who does not have recourse to the Ombudsman at present; and a third whose accommodation is provided under a contract with the HSE and who has recourse to the Ombudsman.