Seanad debates

Wednesday, 15 June 2005

Disability Bill 2004: Committee Stage (Resumed).

 

11:00 am

Kathleen O'Meara (Labour)

I move amendment No. 35:

In page 19, subsection (1)(a), lines 20 and 21, to delete "appointed by the Minister" and substitute "an officer of the Ombudsman appointed by the Ombudsman and accountable to him or her".

I listened with interest to the Minister of State's response to Senator Terry concerning the independence of the complaints officer. His comments are relevant in the context of this amendment which concerns the appointment of the appeals officer. The amendment seeks to have the appeals officer "appointed by the Ombudsman and accountable to" the Ombudsman. This proposal has been suggested to us by people with long experience of working in the area of disability as an important way of underpinning the independence of the appeals officer. I am not saying that just because somebody has been appointed by the Minister it means they are not independent. The perception is important, however, and the community must have total confidence in the appeals officer. If the latter were appointed by the Ombudsman it would underpin that independence. From the outset, it would ensure that the appeals officer is totally independent and, in particular, independent of the political system. That simply reflects the daily reality with which we must all deal. I would like to hear the Minister of State's response to the amendment. He should consider the matter favourably.

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