In his report, the Ombudsman states that the relationship between public bodies and the citizen is an essential element in the quality of our society and democracy. On the basis of the number and type of complaints handled during 1996, there is an implication of inequality in our society.
The highest numbers of complaints were as follows: Department of Social Welfare, 807; local authorities, 792; and health boards, 577. Together they represent over 60 per cent of all complaints handled during the year. The areas of social welfare, local authorities and health boards generally relate to persons who are not in the higher socio-economic groups. This raises the question why there are so many more complaints from those who are socially and economically disadvantaged.
The number of complaints would be reduced if it was the policy of the Department of Social Welfare, local authorities and health boards to positively discriminate in favour of those who are socially and economically excluded, in order to cherish equally in essence as well as within the narrow legal meaning of the Constitution.
The stewardship of the State's finances is watched over effectively by the Comptroller and Auditor General. While complaints are investigated by the Ombudsman there is a need for someone to watch over the process of how effectively bureaucracy works in the interests of the public whom the public bodies serve.
A number of matters within the remit of local authorities immediately come to mind which would function more effectively if an audit was to be carried out on the way local authorities function. The following are some examples. Replies to correspondence from public representatives and from the general public need to be improved throughout all local authorities. In the local authorities I am aware of, private housing matters are often discussed at large impersonal counters within earshot of other members of the public.
Is there a morally fair allocation of resources to deprived areas? There are areas of deprivation in the major cities of Dublin, Cork and Limerick which need massive injections of cash and human resources to help communities help themselves and so improve dramatically the quality of life for those who live there. I am thinking of areas in Dublin such as Fatima Mansions and Bridgefoot Street flats. Is it fair to have beautiful parks like St. Anne's in Clontarf, Malahide Castle, New-bridge Demesne in Donabate and Ardgillan in Skerries, while parts of Dublin's inner city and western suburbs contain a proliferation of Long Kesh type corrals?
There is an ethos whereby local authorities will help those who help themselves and this is a reasonable way of dispensing resources. It allows for accountability, regularity and propriety. The Comptroller and Auditor General and departmental secretaries can report in a manner that reflects well on them. At the same time they have a value added product. By adding to the resources of local community groups it can easily be shown that the accountable body has received value for money. This is an easy way of achieving results but should the money not have gone to more difficult administrative areas where needs are greater? There are many areas of need but is it right to concentrate on the convenient ones rather than those which are greater?
This money could be spent more effectively by providing accommodation for travelling people. In the past funds have been allocated to those councils which are readily prepared to provide accommodation such as South Dublin County Council, rather than to councils such as Dún Laoghaire-Rathdown which is in greater need of resources to accommodate travellers but which has been able to block all efforts to accommodate them. While these moneys have been spent in an efficient and accountable manner, I question if they have been spent in a way which is effective nationally in providing traveller accommodation in each county.
Have the rights of all the people been vindicated by this expenditure? Has the money been spent in a morally fair manner taking into account the population? Has the expenditure been effective in improving the quality of life of all our citizens? The report states there was a 10.5 per cent increase in the number of complaints received by the Ombudsman, as if this was a great achievement. However, it would have been a great achievement if there had been a reduction of 10.5 per cent in the number of complaints.
The aspiration of greater socio-economic equality should be built into the administrative practices of public bodies. The booklet which accompanies the Ombudsman's report, "Guide to Standards of Best Practice for Public Servants", should include an aspiration to greater social and economic equality. This could be included in future Government policy. The Ombudsman's office should also audit the effectiveness and work practices of public bodies in the same way the Comptroller and Auditor General audits the receipt and expenditure of State funds.
I have examined whether an individual is entitled to a decent quality of life under the Constitution. Article 40.1 states:
All citizens shall, as human persons, be held equal before the law. This shall not be held to mean that the State shall not in its enactments have due regard to differences of capacity, physical and moral, and of social function.
This equality provision has a legal connotation rather than a socio-economic aspiration of equality. The Constitution review group in its report addresses this question. Arguments for and against whether the equality guarantee should be denominated as a core norm in the Constitution were examined. The arguments for included the fact that true liberty depends on equality in a broader than legal sense and on having the resources for effective participation in the democratic system.
Exclusion from full and equal participation for whatever reason, economic, social, cultural or any other, weakens the sense of community and common purpose and thus makes more difficult the achievement of desirable reforms, such as the removal of unfair discrimination. Greater economic equality would lead to greater political stability on which the effective functioning of democracy depends. The argument against states that the arguments in favour of the proposal are essentially political ones for an optimum degree of socio-economic equality rather than strictly for equality before the law. The interrelationship between the two is acknowledged but the former is a policy issue appropriate to be addressed by the Government and the Oireachtas rather than by a constitutional assertion.
In its recommendations, the Constitution review committee stated that "A majority of the review group considers it unnecessary and inappropriate to designate a right to equality as taking precedence over others and prefers that reconciliation of rights, where they are in conflict, should remain a matter for the courts. A minority fears that the absence of such a provision would mean that equality will be subordinated to other constitutional values." Had I been a member of the review group and being a Member of this House representing many disadvantaged and socially excluded people, I would have veered on the side of the minority. However, if the view of the majority prevails, I will look to my party to ensure that future Government policy will aspire to the optimum degree of socio-economic equality. The Office of the Ombudsman is the ideal vehicle to examine and audit all Government bodies to ensure the equality policy of the Government is implemented, in practice and in spirit by public bodies.
There is the question of controlling and regulating expenditure. The Comptroller and Auditor General has a duty to audit in each year the appropriation accounts for the previous financial year prepared by various Departments. The Secretary of each Department, who also serves as accounting officer, is responsible for the safeguard of public funds and property under his control, the efficiency and economy of administration of his Department and the regularity and propriety of all transactions in the appropriation accounts. This spending process is well catered for, but everyone is aware of the difficulties in having money allocated to various projects, whether these involve the provision of an additional teacher for a school or the provision of a small vehicle for a community Garda.
In general, the resources of the State are well guarded and efficiently and effectively administered and for this we must congratulate the Secretaries of the Departments and the Comptroller and Auditor General. However, there are a number of questions which must be asked. Should we aspire to socio-economic equality? I believe we should. Are the resources of the State being effectively applied in a caring and moral way? They should be. Should the Ombudsman have a role in auditing the spending of funds to ensure that greater socio-economic equality is being sought? The Ombudsman should have a greater role and his 1996 report shows that he is ready and willing to take it on.
During my trawl of ombudsmen listed on the Internet I came across a number of items I felt might be of relevance here. One facet of the work done by the ombudsman's office in the United States is gaining ground, namely, care of the elderly. It is interesting to note that under the social welfare heading in the Ombudsman's report the number of complaints was greatest in the area relevant to old age entitlements. There are a growing number of elderly people in Ireland and there is a greater need among them for information services, security, and certainty. To arrive at this position it is necessary that information services be provided.
With regard to the type of facilities available to elderly people — whether these be old age pensions, nursing homes, services provided by community health nurses or local authority housing — it is necessary that the function of the Ombudsman in respect of these people should be examined. In the United States, an ombudsman for the aged can be a voluntary position. People who are willing to perform the function can be trained in all of the requirements and needs of the elderly, who can go to someone if they feel they are being unjustly treated.
The office of ombudsman for small business assists businesses with air quality and other regulatory requirements and encourages environmental compliance and stewardship. This office has come to the fore, particularly in regard to sustainable development and the Rio Accord. It is important that small businesses be helped. The office of small business ombudsman is at present operated in the state of Pennsylvania.
My preparation for this speech has awakened in me a great interest in the potential of the office of Ombudsman. I am sure that in the next few years the office of Ombudsman will be an integral part of the services provided by the Government. I look forward to its continued success.
