Joint Committee on Public Petitions and the Ombudsmen debate -
Thursday, 9 May 2024

Decisions on Public Petitions Received

An Cathaoirleach

I propose that the petitions considered by the committee at this meeting and previous meetings may be published, and that the replies from the Departments and other bodies may also be published. Is that agreed? Agreed.

We have four petitions for consideration. The first is petition No. P00033/21. It is from Mr. Cormac McKay and it is a call for a citizens' assembly on the Irish justice system; policing, crime and rehabilitation. This petition relates to a request for the proposed citizens' assembly on drugs to be expanded to encompass the entire justice system, policing, crime and rehabilitation in the Republic of Ireland. There is a growing public perception and opinion that our criminal justice system is not fit for purpose and people are now living in fear.

The committee recommends that we publish the response from the Irish Penal Reform Trust. The correspondence from the Irish Penal Reform Trust will be forwarded to the petitioner for comment within 14 days. In consideration of the response from the Irish Penal Reform Trust, the petition cannot be progressed further by the Joint Committee on Public Petitions and the Ombudsmen and should be deemed closed, and the petitioner be advised of same. Is that agreed? Agreed.

Petition No. P0002/24 is titled "Fairness for existing work permit holders: We want to stay and contribute". It is from Mr. Ka Wai Ho. This petition relates to the recent change in the minimum salary requirement for general employment permits. The Department of Enterprise, Trade and Employment has announced an increase to €39,000, effective from January 2025. This sudden and significant increase has left many permit holders, including the petitioner, facing an uncertain future in Ireland. The petitioner is deeply concerned about the potential impact this change could have on his life and the lives of many others. They have made Ireland their home and contribute to its economic growth and societal diversity.

This petition is not in opposition to the policy change, but rather a plea for consideration for those who are existing permit holders. The prospect of potentially having to leave the country due to not meeting the new salary requirement is deeply unsettling for them. He urges the Government to consider a transition plan or a grandfather clause for existing permit holders, allowing those who have been contributing to Irish society to continue to do so without fear of displacement.

The committee recommends that in view of the concerns raised and the proposals made by the petitioner, the correspondence from the petitioner would be forwarded to the Department of Enterprise, Trade and Employment for comment within 14 days. Is that agreed? Agreed.

Deputy Pat Buckley

It will be interesting to see what response comes back.

An Cathaoirleach

To be fair to the petitioner, he is not against the policy change itself, it is just that families that have been living in Ireland, who have been contributing, will be affected by the new €39,000 limit. He is just asking that the Minister would look again at the proposal and would perhaps put in a clause addressing their case.

Next is No. P00033/24, “Toxic Fumes on Aer Lingus Flights - Severe and Increasing danger to public health and safety - Urgent” from Captain Tom O'Riordain. On 5 June 2023, while operating as a captain on an Aer Lingus flight, the petitioner was poisoned by toxic fumes and rushed to Beaumont Hospital by emergency ambulance, where he stayed for five days. He had reported fumes on this particular aircraft when operating it the previous day and was assured the issue had been resolved. It was not. Aer Lingus failed to locate and isolate the source of the fumes. The aircraft was released for service in an unsafe state, putting crew and the public at high risk. After the petitioner's poisoning, oil was found in the engine of the aircraft and the engine was removed. Aer Lingus experienced 22 such fume events between January 2023 and January 2024. Extra correspondence came in on that during the night, and there was a request that it be read out. We are holding that correspondence until our next meeting in order to give ourselves a chance to go through it.

The secretariat sought the views of the Department of Transport and received a response that included an attachment from the air accident investigation unit. The recommendations are that the correspondence from the Department of Transport and that from the air accident investigation unit be forwarded to the petitioner for comment with 14 days. We will go through the correspondence that came through last night and we will raise it again at our next meetings. Do members have any views or is that agreed?

Deputy Pat Buckley

I agree that there is a great deal of correspondence. Many responses that came back are regulations about how they do X, Y and Z, but nothing real or formal. One of the responses indicates that under SI 460/2009, "The AAIU shall be functionally independent of the State aviation authorities responsible for the operation or regulation of airworthiness, certification, flight operations, aircraft maintenance". It then states that any data indicating a concern surrounding airworthiness or aircraft maintenance is a matter for the operator and the National Aviation Authority. It will be difficult to get answers, but I would like to see the additional documentation and-----

An Cathaoirleach

Additional stuff came through last night. We have not had time to go through it so we will look at it and come back.

Deputy Pat Buckley

I agree with that.

An Cathaoirleach

Is that agreed? Agreed.

An Cathaoirleach

No P00039/24, “Urging the Ombudsman and Workplace Relations Commission to Improve Their Own Accessibility Standards”, is from Mr. Bryan Hogan. This petition relates to a request for the Workplace Relations Commission, WRC, and the Ombudsman to provide a detailed account of the training their staff receive in assisting individuals with disabilities to access their services. As someone who has navigated these services, the petitioner found there is a significant focus on physical accessibility, while other crucial aspects of disability support are overlooked. The WRC and ombudsman play pivotal roles in investigating complaints under the Disability Act 2005 and the Equal Status Act 2000, which are expansive in their definition of disability. However, it appears that these organisations fail to comprehend and provide assistance to the diverse community of disabilities.

The petitioner’s experience reflects a need for staff training in communication, procedural accommodations, and sensitivity to the diverse needs of those with disabilities. The lack of diverse accessibility undermines the integrity of these institutions and hinders individuals with disabilities from seeking justice and support. It is as if they believe they are above the legislation they implement.

The petitioner urges the Government to hold these bodies accountable for providing equitable service to all citizens, regardless of their abilities. It is imperative that the WRC and the Ombudsman lead by example, demonstrating compliance with the legislation they are entrusted to enforce. He is also concerned that the staff in the Office of the Ombudsman lack the necessary skills to interpret legislation effectively, resorting to a literal reading of the law that fails to capture its spirit and intended impact on individuals with disabilities. The petitioner also asks what protections be put in place to maintain integrity when staff conflicts of interest arise.

The recommendation is that the correspondence from the WRC and that from the Ombudsman be forwarded to the petitioner for information. In consideration of the response from the WRC and the Ombudsman, it is also recommended the petition cannot be progressed further by this committee and should be deemed closed and that the petitioner be advised of same. Do members have views on this or is it agreed?

Deputy Pat Buckley

it is agreed. There is a fairly comprehensive response.

An Cathaoirleach

Right. That concludes our consideration of public petitions for this afternoon. I invite members of the public to submit petitions via our online portal which is available at petitions.oireachtas.ie. A petition may be addressed to the Houses of the Oireachtas on a matter of general public concern or interest or on an issue of public policy.

Next on the agenda is any other business. Do members have any other issues they wish to raise?

Deputy Pat Buckley

No, just to thank all the staff again. We have just a summary but there are reams of research and responses going to and fro among the whole committee. I thank them for their work, as always.

An Cathaoirleach

I second that. We speak at every meeting of the amount of work that goes on behind the scenes. We even had Leo back for today.

Deputy Pat Buckley

Special guest.

An Cathaoirleach

He and Martha, Barbara, Ciaran, Alex and all the other staff make our job easy. I thank them again.

The joint committee adjourned at 2.46 p.m. until on 1.30 p.m. on Thursday, 16 May 2024.