asked the Minister for Health whether he has received a letter from the Irish Housewives' Association on the subject of the inspection of nursing homes; whether further to the information given by him in a reply of 15th June there is any system of inspection of nursing homes other than maternity homes, referring especially to nursing homes catering for elderly people; and, if not, whether his Department have any intention of taking steps to introduce such an inspection system.
Ceisteanna—Questions. Oral Answers. - Inspection of Nursing Homes.
6.
I received the letter to which the Deputy refers. In the case of general nursing homes which apply to my Department for approval for the provision of services under Section 25 of the Health Act, 1953, the current practice is to arrange for the inspection of the home by a Medical Inspector before approval is given. Some homes catering for elderly people have recently been approved following inspection and a number of applications from such homes are at present under consideration.
It would require new legislation to confer a right of inspection of nursing homes generally, such as is already provided for in the case of maternity homes. I have considered very carefully the advisability of introducing such legislation and I am compelled to the conclusion that the case for doing so is not proven. Even if it were there are so many other and more pressing matters requiring the attention of the Legislature that some considerable time would have to elapse before it would be possible to deal with legislation of this nature.
May I take it that there is not sufficient time within the present session and that the Minister will not introduce legislation to provide for the inspection of these nursing homes which have not been approved by him?
No. That was merely a secondary consideration. The primary consideration is that a case for inspection has not been proven. I should like the Deputy to address himself to this problem: how will he define "nursing"?
Will the Minister define it? The Minister should do so rather than I.
I find it difficult to define it in such a way as would not prohibit an ordinary person from looking after an elderly relative in his own home.
Could the Minister not provide for such inspection by regulation rather than by legislation?
The Deputy surely does not favour legislation by regulation.
Can the Minister give me an answer to my question?
I have done so.
Can the Minister by regulation provide for the inspection of these nursing homes? If he cannot, I am satisfied.
The difficulty is that where you are going to pass legislation which, if interpreted strictly by the Courts, would prohibit a relative or a neighbour from nursing an elderly person even in his own home—that is the neighbour's or relative's home—
I do not think one could accept that. Surely there are recognised nursing homes which are not approved and which should be inspected?
Mr. Ryan
How is a distinction drawn between a maternity home and a private home in which a child is born?
If the Deputy was ever in a maternity home he would know the difference.
Mr. Ryan
If a child is born in a taxi it becomes a maternity home for the time being. The Minister ought to do something about it. It is ludicrous.
Can the Minister by regulation provide for the inspection of these homes?
Mr. Ryan
Yes.
I can provide for the inspection of a mental home, a maternity home, some institution with which a particular condition is inseparably associated and definitely and specifically associated. But "nursing" is a term of such wide content that it is quite impossible to define it in any logical way without imposing undue disabilities upon charitable persons.
Mr. Ryan
Not at all.
Where people are nursed in return for payment, would that sort of institution or establishment not be regarded as a nursing home? That is totally different from nursing one's relations.
Or nursing one's neighbours, which is a corporal work of mercy.
A corporal work of mercy.