Mary Harney (Dublin Mid West, Independent)

On page ten of the report the Ombudsman indicates a list of things she requires, including the actions of the Department and the Health Service Executive in response to legal proceedings initiated on behalf of patients, information on legal proceedings and documentation. On page 109 of the same report she indicated that she did not want that. She said the present investigation did not extend to include the manner in which the Department and the Health Service Executive had been handling the litigation. It is very confusing. That was the big point of difference.

The Ombudsman, as an officeholder of the State is entitled to her good name and the presumption of good faith. As an individual she is entitled to that too, but so are civil servants, both as office holders and individuals. I stand fully behind the civil servants in my Department in the office for older people. They are people of integrity who are completely committed to the cause of older people but they work within the law and the resources that the Oireachtas makes available. They are not free to interpret the law nor do they make the law. I will not deal with the issue tonight as it goes beyond nursing home care but the Ombudsman had a lot to say about the role of the Executive vis-À-vis Parliament and the role of Ministers vis-À-vis civil servants. Again, that is completely outside her remit. I say that on the strong advice of the Attorney General.

See this speech in context