Michael Brennan (Progressive Democrats)

I do not have any quibble with the intention of this and the other amendments. The intention is good and the principle behind the amendments makes sense. However, in the stark print of legislation, an amendment may not achieve the desired objective. The Senator is attempting to ensure there is a strong complaints procedure and that complaints about personal advocate performance may be made to the director. The personal advocate will be a staff member of the board. There is no reason to stop anyone bringing a complaint to the director. It is normal procedure to make a complaint to a person's boss. It is not necessary to put into legislation that a person can complain to someone's boss or to the board.

A complaints system is already in place in the Citizens Information Board in Comhairle. Anybody with a difficulty with any staff member such as a personal advocate may complain to the board or the chairman or the chief executive. The director of advocacy services reports to the chief executive. If the Bill were to state that complaints should be made to the director it should also be stated that complaints can go to the chief executive because the director may well have been the person who selected the advocate for a particular assignment.

I confirm that complaints can be made to the board, to the director, to the chief executive and to the Ombudsman or even the Department in the case of a complaint about policy. The Bill provides that appeals can be made through the ordinary social welfare appeals system. If a person is not satisfied with a decision it can be appealed through the independent social welfare appeals office. This is a safety valve if someone wishes to appeal a decision.

Advocates are employees of the board and anyone can make a complaint to the board. If we attempt to include this in legislation it may result in narrowing the range of people to whom a complaint can be made. As a consequence, individuals could argue that specific persons are not entitled to make a complaint to them because they are not named in the legislation. The common sense approach provided for in the Bill is preferable. As matters stand, the complaints procedure in the board is open to anyone who wishes to make a complaint about any person employed by the board. This is the practical way forward.