Dáil debates
Tuesday, 5 November 2013
Appointment of Ombudsman and Information Commissioner: Motions
7:45 pm
Mary Lou McDonald (Dublin Central, Sinn Fein) | Oireachtas source
Before dealing with the motion before us I acknowledge the tremendous work of Ms Emily O'Reilly. Her forthright and fearless approach to the role of Ombudsman ensured citizens were well served by her office. Our loss is Europe's gain and I have no doubt that Ms O'Reilly will play a critical role in making the Union more relevant to member state citizens in her new role as European Ombudsman. To echo the sentiment of my colleague, Deputy Mac Lochlainn, I thank Ms O'Reilly for her dedication and professionalism that was underpinned by her fundamental motivation that public services are delivered in a manner in which the rights of each and every citizen are vindicated.
On publication of her tenth and final annual report as Ombudsman Ms O'Reilly reflected that the financial constraint of the State is not an excuse for poor service, inequitable treatment or a denial of rights. She said that public bodies must work harder to eliminate the common causes of complaint to the Office of the Ombudsman. She also called on the Oireachtas to hold the Administration to account and insist that bodies take responsibility for their actions, to right wrongs where they are found, and change their services to avoid reoccurrence.
Similar sentiments were raised during the annual national seminar of the European network of Ombudsmen held recently in Dublin. The theme of this year's seminar was "good administration and the rights of citizens in a time of austerity", a very timely theme. Ms Ann Abraham, former Parliamentary and Health Service Ombudsman for England, told those gathered that she believed citizens have the right to expect good administration from their governments at all times, and even more so in a time of austerity. She observed that delivering good administration has been and remains an uphill struggle for governments whatever their persuasions, political stripes or economic contexts. She also noted that despite what governments say, good administration does not come easily or naturally.
The Minister and his Government partners would do well to take note of Ms O'Reilly and Ms Abraham's comments, and all those who advocate for citizens' rights. This Government needs to lift its gaze from the bottom line. Time and again I have raised this point with the Minister, and time and again the Minister's response has been limited and sometimes dismissive. That is not good enough. Citizens expect more, and they are correct in their expectation.
I have welcomed the Minister's legislative reforms in lobbying, Freedom of Information, which was cynically gutted by the previous administration, and legislation to protect whistleblowers. Plans to engage with the Open Government Partnership are positive and hold enormous potential for public administration in this State. Extending the remit of the Office of the Ombudsman is extremely welcome and long overdue. However, as I have stated before, these reforms, while welcome and timely, are not enough and do not indicate the type of ambitious reform and robust oversight our public bodies are capable of and our citizens need.
In the previous Government, Fianna Fáil failed the citizens of this State. They held us back from the type of reform many of us envisage. They introduced and held on tightly to the culture of a nod and a wink, and looking after one's own man. Fianna Fáil leader Deputy Martin sometimes likes to pretend he is the champion of a Fianna Fáil nua but this is not the case. Deputy Martin is as responsible for Fianna Fáil's failure to bring public sector reform and oversight into the 21st century as his former bosses Bertie Ahern and Brian Cowen.
For now, the Minister needs to hear what Ms O'Reilly has said, and look to put in place the necessary long-term solutions to tackle ongoing shortfalls within the public sector. As already noted, the largest number of complaints to the Office of the Ombudsman relate to the Department of Social Protection.
For any of us doing constituency work on the front line, this does not come as a great surprise. The local authorities come in just behind social welfare. These two bodies, along with the HSE, receive the lion's share of complaints. We must ask why this is the case and what the Government and the Minister's long term strategy is to deal with this.
On behalf of Sinn Féin I commend the appointment of Mr. Peter Tyndall - a "dacent Dub", as noted by the Minister. He has an impressive CV by any standards and I welcome him to the post of Ombudsman and Information Commissioner. He has had a long career in public service and is well versed on the critical role of the Ombudsman, having held such a position for the past five years in Wales. I wish him every success and commend the Government on his selection, whatever the shortfalls in the selection process. I look forward to any and all engagements with Mr. Tyndall in his new role.
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