Seán Fleming (Laois-Offaly, Fianna Fail) | Oireachtas source

I welcome the opportunity to discuss the motion which I support. I wish to examine, in particular, the sad reason for our being here today. We all recall the tragic television programme on Áras Attracta towards the end of last year. Immediately afterwards, the Ombudsman, Mr. Peter Tyndall, was on "Morning Ireland" and radio reminding the public that he could examine complaints about the HSE and all HSE-run centres, including nursing homes.

Áras Attracta was such a centre but people did not seem to know that they had the right to go to the Ombudsman so there is a lack of information, publicity and public awareness about his role.

The Ombudsman made it clear in his opening statement on 10 December that while he can examine complaints about public nursing homes, his office cannot examine the actions of private nursing homes. As a result of that, I wrote to him within a few days asking him to clarify that and to let me know the up-to-date position because he was keen that this should happen. Subsequently, in early January 2015, he wrote back to me about private nursing homes. He said that the Ombudsman (Amendment) Act 2012 was being looked at and that there had been discussions with the Department of Public Expenditure and Reform. He indicated that he would like to see this extension of jurisdiction brought forward as a priority. On various occasions during Question Time over the past couple of months I quizzed the Minister for Public Expenditure and Reform, whose Department is responsible for the Ombudsman, about this. He told me that information was sought and travelled between his Department and the Ombudsman. I am happy that this has come to a conclusion and we are here today with the draft order.

I hope that this will be accompanied by a publicity campaign informing the public and residents in these institutions and that there would be a leaflet in each institution telling visitors and the families of residents about the Ombudsman's role. The Ombudsman already has authority in respect of HSE-run services but many residents never knew that. They all know about HIQA. One cannot go into a nursing home without HIQA being mentioned within a few minutes so it is important that residents know about the Ombudsman's role.

There is a little bit of this in the way the Government tends to work. I am not personalising it in respect of this Government. Consider all the people who were consulted during the consultation period. They included the Ombudsman, the Ombudsman for Children, the Oireachtas Joint Committee on Health and Children, the Oireachtas Joint Committee on Public Service Oversight and Petitions, the HSE, HIQA and Nursing Homes Ireland. There is no mention of patients and their families, the people who are probably most affected. It is probably a reflection of how the public service in Ireland is run. It consults every public service body but not the users. This is here to protect the user.

Again, I stress that I am pleased that this is now happening. I have no problem with the fact that the Office of the Ombudsman needs a couple of months to put the procedures in place to notify the public. Nobody can argue with that. It is an important issue. There must be some mechanism, possibly through the fair deal scheme. The Minister of State quoted a figure of 21,142. When the Department of Health is communicating with these people, I suggest that it sends a leaflet to them or their representatives or families to let them know about this because it would be dreadful if some of the incidents we saw in Áras Attracta were happening in some of these private nursing homes. I am not suggesting they are. I am not saying they are perfect but I have no evidence of any particular problem. I believe that if the role of the Ombudsman is to operate satisfactorily, people need to know that the Ombudsman has this role.

I have confidence in Peter Tyndall and have been in correspondence with him about this issue. It has taken a bit of time to work through. Ultimately, it will probably have implications for resource and staffing requirements relating to the Ombudsman if more complaints start to come through because it will not just involve those on the fair deal scheme. I have a question the Minister of State could clarify. I know that the Ombudsman has a role because much of the income in private nursing homes comes from the fair deal scheme and because it is a substantially funded public body but what about people who pay their own way? Perhaps they are not on the fair deal scheme and had some assets. Will these people be able to go to the Ombudsman even though they are in nursing homes under the fair deal? I hope they will be able to do so.

This is a welcome extension of the Ombudsman's powers. I hope that any complaints he receives will be thoroughly investigated and that it will be a help and comfort to people to know that this procedure is in place.

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