Oireachtas Joint and Select Committees

Wednesday, 30 September 2015

Joint Oireachtas Committee on Public Service Oversight and Petitions

Office of the Ombudsman Reports: Mr. Peter Tyndall

4:00 pm

Mr. Peter Tyndall:

We have produced an awful lot of material and provided an awful lot of training in a very short time, so people have done an excellent job on that front. I suspect the delay on clinical judgment is because there will be groups of professionals who will not want to see the jurisdiction extended. It is worth saying, just briefly, that as Ombudsman if the jurisdiction comes my way I will not be making comments about individual clinicians. It is the bodies and the treatment that are in jurisdiction, so one will not see, as one would with a proceeding before a professional body, a doctor, nurse or other medical professional named in my reports. The role of an Ombudsman is a different one. As I said, there is a huge lacuna at the moment. Both the Minister for Health and his Department and the HSE are supportive because their jurisdiction on this is very unclear. It may well be that, although they deal with these issues at the moment, whether they have the clear legal authority to do so is a moot point. Everybody agrees that it needs to be addressed but there are sensitivities to be dealt with. I would just like to see it moved forward.

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