Seanad debates

Wednesday, 26 September 2012

Ombudsman (Amendment) Bill 2008: Second Stage

 

12:00 pm

Photo of Paschal MooneyPaschal Mooney (Fianna Fail) | Oireachtas source

I welcome the Minister to the House. I welcome this key element of the programme for Government. It is interesting to note that this is the first extension of the powers of the Ombudsman in some 25 years. When the Ombudsman was appointed in the 1970s, the appointment was not met with universal enthusiasm, yet the office has proved to be very significant and effective.

I will not delay the House on the Bill. The Minister has outlined the various areas in which existing legislation will be improved. Recent cases dealt with by the Ombudsman give some indication of the effectiveness of her office. For example, the office challenged a HSE decision on nursing home charges, securing some 85,500 repayments for complainants. It intervened on behalf of parents who found out that their child who was being treated in a major hospital for a serious illness had been investigated for a non-accidental injury without their knowledge. The office reversed a decision on refusing carer's allowance to the father of a woman with mental health problems and a suicidal history. In the first case of its kind, the Ombudsman upheld a whistleblower's complaint about a flawed HSE investigation. The Bill is welcome in that it provides that, in making decisions on rights, benefits, etc., a public body covered by the Ombudsman must, consistent with the resources, deal with people fairly and in a timely manner.

Section 6 of the Bill updates section 4 of the existing legislation. The provision being introduced requiring bodies under the remit of the Ombudsman to give reasonable assistance and guidance in dealings with members of the public is important because there have been so many cases, for whatever reason, of members of the public not being treated by public officials with the respect they deserve. It is good to have the backstop. The Bill clarifies that the Ombudsman may, in her general discretion, continue to investigate actions by bodies within her remit on her own initiative and without formal complaints being made. This is also significant. The Ombudsman will no longer have to wait on the receipt of a complaint and can now initiate particular investigations across all the public bodies.

It is salutary to reflect on the fact that some 80,000 complaints have been handled by the Ombudsman's office. An average of 46% of complaints have been upheld, as the Minister pointed out. This shows the public has enthusiastically embraced the concept of the Ombudsman. Many public representatives who have been frustrated in their efforts to help constituents have referred many cases to the office of the Ombudsman. As stated, the success rate is pretty high.

We are now to extend the remit of the Ombudsman to some 140 bodies. This will obviously strengthen the accountability of the bodies because it has been proven that the coming into effect of the Office of the Ombudsman has improved the efficiency of public administration. The extension of the remit is bound to improve the quality of the service. It will also make public servants reflect more on how they initiate and implement policy in regard to their dealings with the public. I welcome this important legislation and wish the Minister well.

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