Oireachtas Joint and Select Committees

Thursday, 16 February 2023

Committee on Public Petitions

Office of the Ombudsman Annual Report 2021: Office of the Ombudsman

Photo of Pat BuckleyPat Buckley (Cork East, Sinn Fein) | Oireachtas source

I thank Mr. Deering for attending. I will start at the back of the report and work the opposite way. In his conclusion, he said, "acknowledging and learning from mistakes, from oversights, from unfairness and inequity is intrinsic to driving improvements in our public services". Even though he said in his opening statement that his office received its highest number of complaints in 38 years, it is still a pretty good news story. He also said lots of public bodies are starting to learn from their mistakes and to engage with the Ombudsman's office. Mr. Deering has just said that some people do not like the answer they get, but the most important point is that communication is key, no matter which way it goes. We in public life know this because rules, regulations and certain standards are set out in black and white. I will give an example. I nearly got murdered one time on an estate in east Cork because I brought in a rule book to deal with speed bumps on housing estates. It stipulated that there could not be a bus stop, because there had to be a minimum of 500 m of straight road. Unfortunately, the third stipulation was that two people had to be knocked down, and not one. That was madness, but this was the rule book I had at the time. Does Mr. Deering know what I mean? Sometimes people do not like the answers.

I want to touch on a few issues. I understand that housing is probably the largest because we have not been building enough houses for starters. I understand the HAP came in instead of the other allowances that had been paid previously, but I do feel for local authorities - and we have all worked with local authorities – because it is very hard to shovel snow while it is still snowing. If one does not have something, one cannot move forward. On the Department's side, especially in the area of housing, we do not have enough inspectors for HAP properties, many of which are substandard. People are caught in a rush and there is nowhere and no alternative.

Mr. Deering mentioned the 19 recommendations, which were a follow-on from the Wasted Lives report. I am looking forward to that report. I want to touch on the issue of the CBD. I come across cases where, unfortunately, common sense does not come into it. Somebody has ticked all the boxes and arrived the day before in a certain country, but the consultant will not be there on that day and cannot sign the paperwork. Yet, when the procedure goes ahead, the officials come back and say, "No, they did not sign it on that day". Again, this is about communication and a bit of common sense. I have seen a case where a person who was unfortunately a double amputee was looking for an adaptation grant, but because of Covid-19, the consultants were not working. Yet, that individual came out of a hospital after a double amputation.

Common sense would require that all those adaptation forms be signed, even where there is no consultant available, in order that the process could at least be gone through to a level at which individuals' basic needs are met. It should not take a consultant to cop on that this person, unfortunately, has had a double amputation and needs assistance. Again, communication is key.

I read through some of the summaries in the Ombudsman's report and was interested to see that in one case, a nursing home refused to respond to a family. That is shocking. The excuse was given about not dealing with individual cases. It is more shocking that when the Ombudsman sought the information, the nursing home management said it was not obliged to respond. Mr. Deering spoke in his opening statement about responsibility and accountability. I do not envy his job, which I know is tough. From listening to him, it seems he genuinely enjoys it even though it can sometimes be frustrating. However, it seems as though things are moving forward. I have the utmost respect for the various ombudsman offices and I appreciate all the work they do. It is not easy to change something when people are resistant to change.

Mr. Deering referred to the case of an individual in Cork who was potentially facing homelessness for the sake of an additional €40 or €50. There is a saying that is relevant here but I cannot think of it. We need a common-sense approach. For the sake of €50, we should be able to keep a person housed. There does not have to be the big hullabaloo of potential homelessness and going through the whole process with Departments and the pressure that puts on individuals or families. The work of the Ombudsman's office shows that through engagement and communication, these matters can be resolved with a common-sense approach and a bit of empathy, leading to a good outcome.

If it is appropriate, can Mr. Deering say in which Department or body he meets the most resistance to change? We deal with most of the Departments on a daily basis. I like dealing with local authorities and having one-to-one conversations with the staff there. I do not like Zoom calls. I like to go to a county hall, sit down with people and put forward the concerns of the public I represent. They may not like what I am saying but it is my job to do so and to see whether we can find a middle ground. I am interested to know where Mr. Deering is finding the greatest resistance.

The majority of what is in the report is good news. Things are moving forward. Yes, there is a lot of hardship out there in the areas of housing and disability services. Those issues must be addressed. However, the reports that are coming out, including the one with 19 recommendations, which we are told will be taken on board, mean I am optimistic. I can be pessimistic at times but I am optimistic about this. When we have an Office of the Ombudsman, we have a driving force for change. These committee meetings are important. I am also a member of the Joint Committee on Autism, which involves engagement with the Ombudsman's office, going through its reports and getting its side of the story. It is about working together, as committees do and as the Ombudsman does. As a public representative, I would love to have the kind of back-and-forth engagement there is with his office. We sometimes find it difficult to get answers when we table parliamentary questions and so on. We are bounced off and told it is a matter for another Department. We have a classic story that if one were to put in question about a blue biro, there would be a wait of 15 to 21 days for a response and it would not include any mention of the blue biro. That is the stuff we are dealing with.

I wish the Ombudsman the best of luck. I am looking forward to the reports that will come out shortly. It is vital that we are able to talk about issues, whether it is housing, nursing homes or cross-border schemes. We are listening and we are here to help. We will keep in contact with the Ombudsman's office. I thank the Chairman for facilitating this engagement. I get a bit hot-headed now and again but it is nice to give credit today when we have a good news story.

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