Registration of Maternity Homes Bill, 1934—Money Resolution. - In Committee on Finance.
I move:—
Go bhfuil sé oiriúnach a údarú go n-íocfaí amach as airgead a sholáthróidh an tOireachtas costaisí ar bith fé n-a raghaidh an tAire Rialtais Aitiúla agus Sláinte Puiblí fé Acht ar bith a rithfear sa tSiosón so chun socruithe do dhéanamh chun tithe máithreachais do chlárú agus d'iniúchadh agus i gcóir nithe eile bhaineas leis na tithe sin.
That it is expedient to authorise the payment out of moneys provided by the Oireachtas of any expenses incurred by the Minister for Local Government and Public Health under any Act of the present Session to make provision for the registration and inspection of maternity homes and for other matters relating to such homes.
Money Resolution agreed to.
SECTION I.
In this Act—
the expression "The Minister" means the Minister for Local Government and Public Health; the expression "the local authority" means the body which is, in any area in relation to which the expression is used, the local supervising authority for the purposes of the Midwives (Ireland) Act, 1918, in that area;
the expression "maternity home" means any premises which are, either wholly or partly, used or intended to be used for the reception of pregnant women or of women immediately after childbirth, but does not include any hospital or other premises maintained or controlled by a Department of State, an authority constituted under the law relating to local government, or any body of persons incorporated by special Act or by Charter;
the expression "authorised officer" means an officer of the local authority in relation to whom such expression is used authorised by such local authority to exercise the powers conferred by this Act on an authorised officer;
the expression "qualified nurse" means a nurse registered in the general part of the register kept under the Nurses Registration (Ireland) Act, 1919;
the expression "superintendent nurse" means the person having the superintendence of the patients in the maternity home in relation to which the expression is used;
the word "prescribed" means prescribed by regulations made by the Minister under this Act.
I move amendment No. 1:—
In page 2, to delete all words from the word "but," line 21, to the word "Charter," line 24.
This amendment is for the purpose of amending the definition of maternity homes and is intended to extend the operation of the Bill as widely as possible. In the Bill, as originally drafted, certain maternity homes, which might be expected to conduct their business in a proper manner, were excluded. There seems to me to be no reason why these institutions should not be subject to the inspection provided in the Bill, and it is considered desirable that the records, that would be made available as a result of including these institutions within the scope of the Bill, would be very valuable.
Amendment No. 1 agreed to.
I move amendment No. 2:—
In page 2, line 27, to insert after the word "authority" the words "with the approval of the Minister."
By this amendment it is proposed to insert the words "with the approval of the Minister." It means that the officer is authorised, with the approval of the Minister, by the local authority to perform the duties set out for an authorised officer. It is felt that, as this officer will be called on to perform important duties, there should be responsibility placed on the Minister in connection with his selection so that the Minister will be in a position to satisfy himself that the officer is suitable and competent.
Amendment No. 2 agreed to.
I move amendment No. 3:—
In page 2, between lines 28 and 29, to insert the following words:—
the word "inspector" means a person authorised by the Minister to exercise the powers conferred by this Act on an inspector.
It is proposed, in amendments to be dealt with later, to give power to the Minister's inspector to inspect maternity homes and the records kept therein. The amendment defines the term "inspector" for the purpose of the Act, namely, a person authorised by the Minister to exercise the powers conferred by the Act on an inspector.
Amendment No. 3 agreed to.
Section 1, as amended, agreed to.
Sections 2, 3 and 4 agreed to.
Amendment No. 4 not moved.
Sections 5 and 6 agreed to.
SECTION 7.
(1) The Minister may grant exemption from the provisions of the immediately preceding section to any hospital or institution which is a maternity home but is not carried on for private profit.
(2) An exemption granted under this section may at any time be withdrawn by the Minister.
(3) The reference in the immediately preceding section to an exempted maternity home shall be construed as a reference to a maternity home in respect of which an exemption under this section has been granted and is not withdrawn.
I move amendment No. 5:—
In sub-section (1), page 4, line 32, to insert after the word "may" the words "if he so thinks fit".
The insertion of the words "if he so thinks fit" in Section 7 is intended to make it clear that the Minister's power under the section is discretionary, and to prevent lawyers from subsequently arguing that the word "may" means ‘shall", and therefore binds the Minister to exempt.
Amendment No. 5 agreed to.
Section 7, as amended, agreed to.
Sections 8 and 9 agreed to.
SECTION 10.
I move amendment No. 6:—
Before sub-section (3) to insert a new sub-section as follows:—
(3) Every record kept in pursuance of this section may be inspected at all reasonable times by any inspector, and it shall be the duty of the person liable under this section to keep such record to produce for inspection of an inspector on demand such record.
The amendment will empower an inspector authorised by the Minister to inspect, at all reasonable times, the records kept in a maternity home, and imposes on the person carrying on the home the duty of producing his records for such inspections.
Amendment No. 6 agreed to.
I move amendment No. 7:—
In sub-section (3), before paragraph (d), to insert a new paragraph as follows:—
(d) fails to produce or cause to be produced for inspection by an inspector any record which he is required by this section to produce to such inspector or obstructs such inspector in the making of such inspection; or
This amendment is consequential on amendment No. 6.
Amendment No. 7 agreed to.
Section 10, as amended, agreed to.
Section 11 agreed to.
SECTION 12.
(2) If any person obstructs or impedes any authorised officer in the exercise of the powers conferred on him by this section such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.
Amendment No. 8 not moved.
I move amendment No. 9:—
Before sub-section (2) to insert a new sub-section as follows:—
(2) An inspector shall be entitled at all reasonable times to enter any maternity home and inspect such maternity home.
This amendment proposes to give an inspector of the Minister power to enter any maternity home at all reasonable times and to inspect such home.
Amendment No. 9 agreed to.
I move amendment No. 10:—
In sub-section (2), page 6, line 50, to insert after the word "officer" the words "or any inspector."
This amendment is consequential on amendment No. 9.
Amendment No. 10 agreed to.
Section 12, as amended, agreed to.
Sections 13, 14, 15 and 16 agreed to.
Title of the Bill agreed to.
Bill reported with amendments.
If the House agrees, I should like to take the other stages now.
There are two amendments in the name of Deputy Norton that were not moved because of his absence from the House. I take it that, if it makes no difference to the Minister to leave it over until to-morrow, it would give Deputy Norton a chance, if he wishes to do so, to put in the amendments for the Report Stage.
Report Stage ordered for to-morrow, 21st March, 1934.
