Seanad debates

Wednesday, 26 September 2012

Ombudsman (Amendment) Bill 2008: Second Stage

 

12:20 pm

Photo of Feargal QuinnFeargal Quinn (Independent) | Oireachtas source

I thank Senator Barrett for sharing his time. The Minister and this Bill are welcome, as it will bring more oversight. There are nonetheless a number of areas where we can go much further in order to improve democracy. For example, our democracy should look to countries like Sweden, which was mentioned today, which have very powerful freedom of information laws throughout levels of government. The main function of the Ombudsman's office is to investigate complaints from members of the public who feel they have been unfairly treated by certain public bodies - we have heard about that today - but it should also ensure better governance. We must strengthen this and the public's ability to access information.

In Sweden, all public sector documents are in the public domain in order that people can check them and hold the people in power accountable for their actions. Giving more presence to freedom of information in this country would enable groups and individuals outside government - ordinary citizens - to inform themselves on how the Government is managing our collective well-being. The current piecemeal system of freedom of information requests and parliamentary questions is just not working. We should include all public bodies in a simple, easily accessible public spending website. Senator Barrett mentioned some of the exclusions and I am sure the matter will be considered again.

A public sector spending website could be based on the American Federal Funding Accountability and Transparency Act 2006, which was introduced by President Obama when he was a Senator. This led to the creation of a website in which any expenditure over $25,000 by the federal Government in the United States, as well as a number of states, is open to the public. We have much information on-line but it is not collected in a central website, and I do not understand why that is so in a country of 4.5 million people. The state of Missouri is interesting as it created a website showing how every dollar was spent in a particular year, starting in 2007. It costs just $200,000 for this process in a state with a population bigger than Ireland at 5 million people.

In the United States, the federal Government publishes a vast array of data at data.gov, and at recovery.gov where citizens can track how stimulus funds are spent. At foia.gov, which was launched in March 2011, people can see if agencies are fulfilling their obligations to disclose information under the US freedom of information Act. We should name and shame the parts of the Government which do not release information or do not do so in a timely manner. Our ways of getting information, including getting Deputies in the Dáil to stand up and ask questions, is out of date compared with what could happen in an age of transparency. We can bring this about.

On a point related to access to information and transparency, could we allow easier access for patients to their records, possibly in an on-line way, in order that they could track health records and make educated decisions? We should do so. According to a study conducted for the European Commission, only 4% of European hospitals granted patients on-line access to their medical records but surely these should be available on-line in order that people can make better decisions about their future, including the effect of diseases like cancer. What is the HSE doing in this regard, considering it has a multi-million euro budget? The suggested action would surely demonstrate that the HSE is thinking of its customers, or patients, as referred to by Senator Bacik.

Under EU law, the right to access personal health data is guaranteed but patients often need to put in a formal request, and procedures can be long and complicated. How can we reduce red tape in that area? Information is power and having access to such information can allow people to make better decisions about their health. The UK Department of Health has pledged that patient records will all be on-line by 2015.

Will the Minister comment on the ideas from a 2011 paper by the Ombudsman, Ms Emily O'Reilly, that the remit of the Office of the Ombudsman should be extended to include prisons and all issues related to immigration, refugees, asylum seekers and naturalisation, possible constitutional status for the Ombudsman, and an improved reporting relationship with the Oireachtas, including allowing the Oireachtas ask the Ombudsman to launch queries on its behalf?

There is much done in this Bill and the Minister has indicated he will make a number of amendments on Committee Stage. It will strengthen what we are all trying to achieve and although I congratulate the Minister on how far he has gone, I believe we can go further.

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