Kathleen Lynch (Cork North Central, Labour) | Oireachtas source

I move:

That Dáil Éireann approves the following Order in draft:Ombudsman Act 1980 (Section 1A) (No. 2) Order 2015,copies of which have been laid in draft form before Dáil Éireann on 8th July, 2015.

I ask the House to approve the draft Ombudsman Act 1980 (Section 1A) (No. 2) Order 2015. The order has been laid before both Houses of the Oireachtas. Its purpose is to extend the Ombudsman's remit to include private nursing homes the residents of which are in receipt of State funding or support. The order revokes Order No. 270 because, on the advice of the Office of the Attorney General, the Minister for Public Expenditure and Reform is of the view that it is appropriate to seek the approval of each House for the order.

The State, through the nursing homes support scheme, was funding 22,142 nursing home residents as of the end March this year. This includes residents in public, voluntary and private long-term residential care who are receiving financial support. While public nursing homes are already within the Ombudsman's remit, private nursing homes the residents of which receive State funding are not. We want these residents and their families to be afforded greater accountability and assurance. This can be achieved through the work of the Ombudsman who, in a fair and impartial manner, examines complaints. We, therefore, want these residents who are in receipt of public money to be in a position to direct their concerns to the independent authority that is the Office of the Ombudsman.

In accordance with the Ombudsman (Amendment) Act 2012, it is the intention of the Minister for Public Expenditure and Reform to make this draft ministerial order. As prescribed by the Act, the Minister for Public Expenditure and Reform, Deputy Brendan Howlin, has engaged in a consultation process on the order. This included the Ombudsman, the Ombudsman for Children, the Joint Committee on Health and Children, the Joint Committee on Public Service Oversight and Petitions, the Health Service Executive, the Health Information and Quality Authority and Nursing Homes Ireland, a representative organisation for the private and voluntary nursing homes sector. The proposed order has received broad support and welcome from these stakeholders. The Ombudsman has stated the order is comprehensive. Both the Ombudsman and Nursing Homes Ireland requested a delayed commencement date. The Minister has acceded to this request and as seen on the draft order, it is proposed that it will commence on 24 August. This delay between the date of making the order and the date of operation will afford his office sufficient time to communicate with nursing homes and their representative body on the role of the Ombudsman, its operations and procedures. It will also allow individual nursing homes to develop robust internal complaints systems if these are not already in place. The order will not operate retrospectively.

The proposed extension of the Ombudsman's remit will complement the existing work being undertaken by both HIQA and the HSE. While HIQA has the authority to inspect and regulate public, voluntary and private long-stay residential care services, its remit does not allow it to examine individual complaints made to it or issues raised by residents or their representatives directly. Also, the HSE does not have the authority to examine these complaints that arise in private nursing homes. It can do so only if HIQA specifically asks that it undertake an assessment on an individual resident's health status.

By approving the order, we are affording some of our most vulnerable citizens the opportunity to access independent redress. This will ensure these nursing homes residents and their families will be provided with an additional level of support and the opportunity to access an outside authority should complaints or issues not be managed appropriately within the private residential care setting. It offers a very important and positive step in the delivery of services funded by the State through improved oversight and strengthened accountability.

The extension of the Ombudsman's remit follows on from a commitment in the programme for Government to extend the Ombudsman's remit to include non-public bodies that are significantly funded by the State. In addition, it is in keeping with the scope of the Office of the Ombudsman which has always been focused on the delivery of publicly funded services. I commend the order to the House.

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