Ombudsman discusses with Oireachtas Committee recommendations rejected by Department of Health

The Ombudsman, Emily O'Reilly, met today with the Joint Oireachtas Committee on Public Service Oversight and Petitions. The Committee was discussing matters arising from two recent reports to the Dáil and Seanad by the Ombudsman concerning two schemes for people with disabilities. The schemes in question are the Mobility Allowance and the Motorised Transport Grant. The purpose of these reports - Too Old to be Equal - A Follow-up and Motorised Transport Grant - was to inform the Dáil and Seanad that the Minister for Health has rejected recommendations made by the Ombudsman following her investigation of complaints about the schemes. The Ombudsman's recommendation in both cases was that the Department of Health would take immediate steps to remove from the Mobility Allowance and the Motorised Transport Grant scheme requirements which breach the Equal Status Acts.

In the case of the Mobility Allowance, the Ombudsman recommended that the upper age limit of 66 years be dropped as a requirement. The Ombudsman found, following investigation, that this upper age limit amounted to age discrimination contrary to the Equal Status Acts. The Department had accepted this finding and agreed in April 2011 that it would act on the Ombudsman's recommendation within six months. It has not done so and the Allowance continues in operation on the basis of a requirement which breaches the Equal Status Acts.

In the case of the Motorised Transport Grant, the Ombudsman's recommendation was directed towards ensuring that the scheme reflects an understanding of disability which is consistent with the Equal Status Acts. In practice, as the Ombudsman's investigation shows, the scheme is operated on the basis of an understanding of disability which takes no account of the consequences for mobility of psychological or intellectual disabilities. While the Department does not dispute the Ombudsman's finding that the Grant is being operated without proper regard to the Equal Status Acts, it has refused to accept her recommendation to take action to ensure the Grant complies with the Equal Status Acts.

In her address today to the Oireachtas Committee the Ombudsman stressed the importance of everybody, and State bodies in particular, acting in accordance with the law of the land. The Ombudsman drew attention to the fact that the Department of Health has, on a number of occasions in recent years, been shown to have acted contrary to the law in ways which created very significant liabilities against the State.

Here is a link to the text of the Ombudsman's address to the Joint Oireachtas Committee on Public Service Oversight and Petitions.

For further information contact:

Fintan Butler

01 - 639 5650  

fintan_butler@ombudsman.gov.ie

Media Queries:

David Nutley, Communications Officer,

01 639 5610

086 0231420

david_nutley@ombudsman.gov.ie

Office of the Ombudsman

18 Lr Leeson Street

Dublin 2

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www.ombudsman.gov.ie

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