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Dáil Éireann debate -
Tuesday, 21 Nov 1989

Vol. 393 No. 4

Health (Nursing Homes) Bill, 1989: Second Stage (Resumed).

Question again proposed: "That the Bill be now read a Second Time".

I welcome an opportunity to make a contribution on the Bill. While I welcome the Bill I do not want it to be taken that I agree with all its provisions. It is important that we should have regulations concerning the development of nursing homes and there is no doubt that the caring for people in nursing homes is a growing business. In my constituency there are three nursing homes that I am aware of and I understand that a fourth is in the course of construction. I have visited the three nursing homes on many occasions and I have the highest regard for the treatment people receive in them. They are excellent homes by any standards and the care and nursing treatment the patients receive is first class. There is no doubt that the people who stay in those homes are very happy. Those involved in running those homes agree that there is a need to introduce regulations governing the establishment and running of such homes. However, we will have to deal with the difficulty that arises as a result of a variation in the standards operated by the health boards. It appears to me that under the Bill health boards will be empowered to issue licences and I do not think that will be in the best interests of nursing homes. A register of such homes would be more appropriate.

If health boards are to decide who is a fit person to run such a home and on the suitability of the buildings for this type of care we should have national standards. There is no doubt that the health boards differ in the way they apply health care and that is evident in the reports produced by many organisations down the years. Some health boards are more flexible than others and it appears that they are easier to approach in regard to services. I do not think it would be in the best interests of nursing homes if different standards were to apply. I hope the Minister will clarify that matter when replying.

The Minister will be aware that his suggestion that licences should be issued has not been well received. I understand that a licence will be issued for two years but patients of such homes, and their relatives, will not feel comfortable bearing in mind that after two years they may have to seek alternative accommodation. With a growing elderly population, and a big increase in emigration, nursing care is very important. In the past young people cared for their parents or elderly relatives but our young people are emigrating with the result that there is nobody at home to care for those people. We have had a great tradition of caring for elderly people and it is difficult to see how that will continue. Unemployment has meant that young people have had to move away from home or go abroad to seek employment.

I know of many sons, daughters, nieces and nephews, who gave up their jobs to care for elderly parents or relatives. We are all aware of people who stayed at home to look after elderly parents or relatives. Those people, when their parents died, had great difficulty rebuilding their lives. For that reason the State should make a better contribution towards the work they are doing. I have come across cases of young couples, with young children, having to look after an elderly parent or relative. There is a great strain on the mother of that family because she has to look after the children and the elderly relative. The State does not recognise that work. If it did couples could improve accommodation in the home for the elderly person living with them and thereby take the burden off the State in having these people placed, unwillingly in many cases, in nursing homes, private or public.

In regard to St. Phelim's hospital in Cavan, with which I am very familiar, at present there is a waiting list of 80 to 100 people. I have received numerous representations in that regard. At present in the case of an elderly couple in County Cavan where the husband of 83 or 84 years of age falls ill, and his wife is not able to look after him it is impossible to have him placed in St. Phelim's nursing home because of the cutbacks in the services. That is sad and tragic and creates a great burden on these people and indeed on the neighbours who try to help. In other cases, people who can afford it are placed in private nursing homes. There is a considerable cost involved — in the region of £130 to £160 per week. That money is not always available no matter what pension these people get or what savings they may have made during their lifetime. In that regard there is an onus on us to ensure that sufficient care is available in our nursing homes but that is not the case at present.

In regard to private nursing homes, a number of queries have been put to me. At present there is a scheme in operation whereby people, perhaps those who have their families reared, can board out old people. The same conditions as regards the quality of accommodation are not laid down in these circumstances as in the nursing homes. I am not saying the people are not being well cared for — there is no doubt they are—but the same standard of regulations which govern nursing homes, for example, inspections by health boards with which I agree, should apply to the people who board out old people for the purpose of caring for them. Obviously these people are given some income by the health boards for this purpose.

In my estimation it is not the number of staff present in the nursing homes that is of importance but rather the quality of the staff. Is it necessary that all these people must have nursing qualifications or can the owner of the nursing home operate without nursing qualifications? In the light of the increasing number of old people and the demand for this type of accommodation, people could be attracted to this business for the sake of financial reward without any consideration to their qualifications or their ability to run such a home. The qualifications of the nursing staff and the numbers employed are vital but it is the quality rather than the number of nursing staff which should be looked into. Is it intended that the State provide training courses for people going into this business or will it be a free-for-all? Hopefully, with the register, it will be possible to keep a close eye on what is happening in that regard.

There are many difficulties at present in relation to the care of the aged. It is worrying for parents whose children have moved out of the home as to where they are going to end their days. In that regard I welcome this Bill. It certainly came as news to me when I heard that the Eastern Health Board give a pitiful allowance of £6.80 per week towards supplementing the cost of a nursing home.

I am not aware if that money is available in all the health boards. I received a number of inquiries as to whether it is available in the North Eastern Health Board area. Is it dependent on the budget of the health board or is it there as of right to people when they look for it? These matters should be made public. Again, it comes back to the point I made earlier in relation to the standards that apply. If there are criteria laid down for one health board it should be uniform throughout the country. If £6.80 per day is made available in the Eastern Health Board area, a similar amount should be available in the North Eastern Health Board area and right across the country. That would be only right and proper.

Is it the intention that the health boards will send a doctor on a regular basis to these nursing homes to see that the patients are in good health and are getting attention for ailments they may have, or will it be left to the discretion of the nursing homes to decide whether a physician is necessary? Again, I could see abuses in this regard. Old people who are prone to colds and flu might be left too long before receiving medical care. The health boards should provide doctors in these cases, similar to the position in private nursing homes where a doctor calls once a week or more often if necessary. During a flu epidemic a doctor should be available regularly to ensure that the patients are receiving the care to which they are entitled.

Again, I would come back to the problem of the numbers on waiting lists for the nursing homes provided by the health boards. This is a major problem and is at a crisis at present. Finance will have to be made available immediately to the North Eastern Health Board to provide accommodation for people who are on the waiting list for the last six to 12 months. That is too long a period for people to have to wait to be taken into nursing care when there is no doubt in people's minds that there is a necessity to have them placed in care.

The Minister should make provision immediately for Lisdarn hospital. The medical centre and maternity unit there has been closed down due to the opening of the general hospital beside it, which is a welcome development. That excellent building is now lying idle. It would be an ideal place for old people because it is on ground level, it has lovely surroundings and, to my knowledge, it has accommodation for at least 120 patients. Whether it is accommodated sufficiently for old people I do not know but it could be developed and improved so that these people could be taken from the care of their families, if only for a short-term.

Couples have come to me who need a rest from nursing their aged relatives who require a lot of attention. What they were seeking was a break of a few weeks and the placement of the patients in rota beds but believe it or not I could not get those patients in for that duration. This was in no way due to the staff of St. Phelim's Hospital who are working around the clock to provide what I must describe as outstanding accommodation and wonderful care for the patients of that hospital. The building is very old and very much out-dated. It consists of three storeys which results in a lot of to-ing and fro-ing for the nurses and staff of that hospital, but notwithstanding this everyone is high in their praise of the work done and the care and food provided in that hospital.

The problem is that insufficient accommodation is available. This will be an increasing problem and one we will have to face up to. As I said in my opening remarks, we have a growing elderly population. I do not think we should depend on the private nursing homes to solve this problem for us. Certainly they have a role to play but it is more a matter of providing accommodation for people who can afford it. Generally I am talking about small farmers and small business people who would have small savings. They could not even dream of taking up accommodation, even on a short-term basis, in a private nursing home. Therefore an onus rests on the Department of Health and my own health board, the North Eastern Health Board, to provide such accommodation. I am sure this problem is not confined to the North Eastern Health Board area. I imagine the position is the same in each health board area. It is a problem we will have to face up to. As I have already pointed out, accommodation is available there, it is a matter of bringing it up to the required standard.

It is important that we have this Bill on the Statute Book and that we keep a close eye on its implementation. I have the highest regard for those who are involved in this area but I would be wary of those moving into this business. In one case in Dublin, the health board quite rightly moved in and brought a prosecution for abuse of the system. If the introduction of this Bill helps to prevent this it is to be welcomed, but I would ask the Minister to consider establishing a register rather than introducing a licence. We had enough problems with licences in the past and this word does not go down well with many people. Bord Fáilte operate a register and their inspectors call on a regular basis to inspect accommodation registered with them to see if it is up to standard. The same could apply with regard to nursing homes. As to who should inspect these homes, I do not think a doctor would have the necessary qualifications to enable him examine the building for defects. The person appointed to do this work should have the necessary training and qualifications in that field, otherwise we could end up with much annoyance being caused. We should remember it can be disheartening for old people if an inspector calls and asks for changes to be made.

If the Minister takes these points on board, which I am sure he will, he will have my own and my party's support for this Bill. We welcome it.

The Bill before the House sets out the standards of care for dependent persons in nursing homes, boarding out and the changes in arrangements for subvention to such homes. As many Deputies have said, we have a steadily increasing elderly population with more and more living until the age of 75, 85, 95 years and longer. Many people are inclined to stereotype this group of people and admit that the elderly are dependent on somebody, that they are sick, troublesome and over the hill. This is not so. In fact the vast majority of our elderly population are healthy and can enjoy an independent living. From statistics available, many of our elderly population are living alone on restricted incomes in their own homes.

Usually these homes are mortgage free and hence they do not have to make monthly payments. Often, however, the homes are in a poor state of repair and require a level of spending on maintenance which may not be possible due to the income of the owners. A large proportion of our elderly population who are living alone avail of services within the community, such as meals on wheels, home helps, public health nurses, day centres, respite care and other such services.

Sadly, the fourth largest killer of our elderly population is accidents and the vast majority occur within the home. The most frequent type of accident is a fall. In fact it is the most common cause of death among our elderly population. Most of these accidents are due to the surroundings within the home. Elderly people in rearing their families may have developed their homes so as to have four or five bedrooms or a couple of living rooms, but once their families were reared and left or got married and they were left on their own they found their homes to be totally unsuitable and unadaptable to their needs.

This highlights one very important fact and that is that the elderly could enjoy an independent, active and long life without having to resort to nursing homes if suitable co-ordinated structures were in place between the health authorities and local authorities, especially in the area of housing requirements for the elderly. Suitable housing units have been designed for independent living and I suggest we should follow this line of thought. The elderly could avail of suitably designed housing units developed on a parochial basis with support services where they could continue to enjoy the environment they are familiar with. In the past the need for sheltered housing and care units was highlighted and I think we should pursue that line of thought and seek development in that area.

All of the elderly do not enjoy full mobility and do require nursing care, or perhaps respite care, on a long or short-term basis. If this is to be provided we should ensure that the highest standards are attained and respect the dignity and individuality of the elderly person. I believe there are in excess of 6,500 people presently accommodated in nursing homes. In Dublin there has been an increase in the number of nursing homes, from 45 to 96, during the past four years. No legislation is specifically directed at nursing homes, other than sections of the 1964 and 1970 Health Acts. It is important that we have guidelines in relation to the State's role.

This Bill is a step in the right direction. It is therefore correct that there should be legislation to cover nursing, boarding out and subvention. I welcome the regulation of subvention payments to eligible patients. However, I have some doubts as to whether the subvention reflects the patient's needs. We are aware that the dependency of elderly people who require nursing home care usually progresses and in some cases progresses quite rapidly. I also recognise that the existing arrangements for subvention are totally unacceptable. In some cases the patient is means tested and in others the bed is subvented regardless of the patient's needs.

It is important for me to correct the record. Speakers on the other side of the House made alarmist statements regarding the EHB, saying they had stopped paying subvention in recent weeks. This is untrue. As a member of the EHB I can say that all existing subvention payments are being paid and new patients are being assessed, passed and subvented.

Under existing Health Acts anybody can design, develop and open a nursing home, notifying the health board 30 days before opening the door. If we are serious about policies and standards for the elderly, the licensing, maintenance and registration of homes is essential. It should not pose a problem in relation to most existing nursing homes. I am concerned about the question of boarding out. Under the present system and under the proposed system there would be widespread concern. However, the Minister will be able to ensure that adequate resources are made available to the health boards to supervise the system.

Previous speakers said that the Department of Health should be the inspecting authority in relation to the regulation and the follow-up to the Bill before the House today. The health boards are the statutory authority for the development of health services and therefore I go along with the Minister in that the health boards should be the administering authority for this Bill. I would ask the Minister to ensure that the fundamental principle of confidentiality of patient's records will govern the implementation of the terms of section 6 (2) (g) of the Bill. Section 2, paragraph 2, gives the Minister the right to exclude and include certain classes of nursing homes. I am concerned about the section.

Many speakers talked about the need to provide nursing care and about the need for the State to highlight its role in relation to the quality and level of service being provided. The Eastern Health Board have a visiting group committee who visit all the health institutions who care for the elderly in their area and I am satisfied with the level of care in those institutions. There has been a large growth in private nursing homes particularly in Dublin. This legislation poses no problem for the existing homes but it will set a standard. I welcome this Bill and congratulate the Minister and his officials on bringing this legislation before the House to provide regulations and a high standard of care for the elderly and the infirm.

The quality of any political system can be judged by its treatment of the elderly and the infirm. The system here leaves a lot to be desired. Deputy Sherlock, The Workers' Party spokesman on health, outlined a broad welcome to the thrust of the Bill. The laudable aims of the Bill are to promote the highest standard of care, a system of subventions for boarding out and the licensing of nursing homes. We definitely need this Bill and this is a good opportunity to bring in a strong Bill to counter excessive zeal by nursing home proprietors who might wish to maximise their profits by providing unsatisfactory services or an unacceptably low level of care for the most vulnerable in our society.

It has been mentioned that there has been a massive mushrooming growth in the number of nursing homes in this country particularly in Dublin. That is not surprising because nursing homes are now big business and big business entrepreneurs research where they will invest. The research shows that in ten or 11 years in the greater Dublin area, for example, there will be a 30 per cent increase in the numbers of elderly requiring nursing home care. Obviously big business entrepreneurs are moving into a developing market. Years ago there were voluntary and religious organisations and charitable institutions whose motivation was other than profit but nowadays there is a new breed of developer buying up old estates and plots of land and developing nursing homes with the aim of making a profit as in any other business. It is, therefore, important that this legislation be strong, that it protects people against the zeal to make money and will guard old people by ensuring that there is maximum compliance with the law by proprietors of nursing homes. This Bill will have to ensure that health boards will have sufficient powers and finance to police the industry.

The average rate being charged for accommodation in a private nursing home in the Dublin area nowadays is between £150 and £200 per week. This accommodation is clearly more expensive than luxury hotels. At the moment about one-third of our population is living in proverty. In ten or 11 years' time there will be a 30 per cent increase in the need for nursing home care. These elderly people will mostly comprise people on low incomes, people with State pensions. How can they afford to pay for nursing homes even at today's average prices? In ten years' time the cost will be substantially greater. We should examine the reasons for the growth in nursing homes. One reason is because the State is cutting back on beds in this area and also because our attitudes have changed towards the elderly.

The State cannot rely on a Nurse-Nightingale-type response from spouses or family members, particularly daughters of elderly parents, to the degree that they could ten or 12 years ago because the family unit is not as cohesive now as it was then. The fact that the State is unable to provide sufficient jobs for its citizens obliges many to leave behind in Ireland elderly parents while they emigrate to England or America in search of work. The moral exploitation of families by the State does not work to the same extent as before when people, usually a daughter, would be pressured into not getting married in order to do her Christian duty and care for an ailing and aging mother or father. Now people expect the State should have a role to play and these tremendous moral obligations should not be put on family members who have their own lives to live.

This brings me back to the question of subventions. Where are the increasing number of elderly people going to get £100 to £200 a week to pay for a place in a nursing home? In the absence of sufficient facilities and beds being provided by the State, substantial subventions must be provided by the health boards, and this is the kernel of the debate. Deputy Yates said that in his view people have a legal right to subventions and section 54 of the Health Act, 1953, stipulates that people who require institutional care should, if they cannot fund it themselves, be given assistance. The relevant section of the Act, which Deputy Yates quoted, provides that it shall be the duty of a health authority, subject to and in accordance with the provisions of the section and the regulations thereunder, to give to every person in their functional area who is eligible for institutional assistance such institutional assistance as appears to them to be necessary or proper in each particular case. The Minister more or less supported Deputy Yates saying that, technically, every person entering an approved nursing home is eligible for subvention since the extension of eligibility for care in public hospitals to the whole population in 1979; and that under section 54 of the Health Act, 1970, a health board may pay a subvention to a person in a home approved by the Minister for Health. He went on to say that the scope of section 54 had been curbed as no new homes had been approved since 1980; that unfortunately, due to constraints on the financial resources of the health services it was not possible to approve new homes; that there were 94 approved homes out of 332 private and voluntary nursing homes and that the present system of subvention discriminates against the many excellent modern homes which have opened since 1980. Who discriminates? The Minister is the discriminator. He discriminates because he has decided that after 1980 no further beds will be receiving State or any Eastern Health Board subventions. This happened because the Minister put insufficient funds at the disposal of the health boards to enable them to recognise the increasing number of homes that are being built. The question for the Minister is what difference it would have made to the 238 nursing homes not approved for subvention if they in fact had the Minister's approval? The question of subventions is the kernel of this Bill.

The Minister talks about discrimination against the many excellent homes which have been opened since 1980. He has discriminated against them. How now does he propose to abolish that discrimination? In July of this year the subvention scheme in the Eastern Health Board area collapsed because of inadequate funding and the unavailability of subvention beds. This threw the whole system into crisis. Geriatricians and hospital social workers, having assessed their patients and passed them on for subvention, discovered that the Eastern Health Board had run out of subvention money for new applicants. The trauma for the very distraught family members trying to get their loved ones into a home was disgraceful. I dealt with a number of these cases myself. They had to wait for subvention patients to die before they could be facilitated. In the Eastern Health Board area, because we had such a mild winter last year, subvention patients were not dying quickly enough to vacate subvention beds in order to allow to come onstream those applicants who had been waiting for a subvention bed with the Eastern Health Board or in nursing homes. A queueing system developed adding further to the misery of the families depending on subvention beds. This resulted in a bottleneck. It meant that there were patients occupying now scarce acute hospital beds because their family members could not afford to place them in expensive nursing homes. I know of one woman who placed her mother in a nursing home because she understood the subvention was forthcoming. In the meantime, she was borrowing £50 per week. This working class woman could ill afford to take out a loan of this size to keep her mother in a nursing home, only to discover that there was a huge waiting list of people waiting for subventions building up — in the region of 100 at that stage — in the Eastern Health Board area.

The Minister says that £15 million of public money was paid by way of subsidy to private and voluntary nursing homes. Will the Minister say how much is paid in subvention when only £15 million of public money is going into the voluntary religious and private nursing homes? How much of that is subvention? My point is that if the Eastern Health Board subvention scheme lapsed because of the lack of subvention beds and lack of funds, how and by what method can more nursing homes be covered for subvention without a corresponding input of financial resources?

Financial resources are the key to this Bill. The Minister said he would like to give an assurance that the overall level of financial support for people cared for in nursing homes will not diminish as a result of the Bill; that this provision is not about saving money but about enabling health boards to target their available resources most effectively. We have already seen what happened in the Eastern Health Board. Their available resources were insufficient for their needs. How can we debate a Bill here today without the Minister putting on record how much money will be made available? I do not see how a system that is not working in the Dublin area can be extended nationally when it has already been proved that the key element, finance, is missing in the Dublin area. The rate of subvention is £6.78 a day, or £47.46 a week.

When talking about using existing funds, is the Minister implying that £47.46 a week might be too much? Is he talking about a four-tier structured approach to funding? Is there a need for four different scales for subvention? What does it mean to a person or the person's family with a limited income who cannot afford to place their parent or loved one in a home if they are being assessed at a very low level? Is the Minister talking about the present subvention of £47.46 being the basic subvention available or it is the maximum? If it is to be the maximum, are there three other levels below which will be smaller than £47.46?

What is the basis for calculating the needs of the patient? Is it the health needs, is it because he needs extra drugs or is it his financial needs which will decide how much subvention will be available? For example, as patients grow older, how will one monitor claims by nursing homes or family members for a higher amount, and who will monitor them? If someone is assessed at a low rate because he is reasonably healthy entering the nursing home and his health deteriorates, who starts the lobbying process? Is it the nursing home? Is it the son or daughter claiming that their parent has deteriorated and now should fall into a different category in order to get more money? Do we need the extra paperwork that might be involved by doctors, geriatricians, social workers, family members or politicians? I would like a further explanation of how this tiered system is envisaged to work. I have reservations about the sliding scale scheme of these proposals and unless the Minister can convince me otherwise I feel a single weekly payment might have more merit.

How does the Minister propose to control prices in nursing homes? If he extends this subvention scheme and opens up more hospitals to the availability of subventions, will the extended application of subventions be seen more as grant assistance which in turn will allow nursing homes to increase their charges? This Bill will be next to useless unless it is taken together with other areas. If it supersedes the Health (Homes for Incapacitated Persons) Act, 1964, how soon can we debate the new regulations outlining the requirements a home must meet that are promised? When can we see the regulations for the light, moderate and heavy categories and dementia as listed? How are the light, moderate and heavy categories to be applied? What levels of funding will be available for subvention? How does one move from one classification, say moderate to light or moderate to heavy? Are we to involve a massive bureaucratic machine, with doctors, geriatricians, social workers, parents, nursing home operators and politicians lobbying the Minister? If that is to be the scenario we might be better off addressing the system of having one lump sum weekly allocation.

Without these regulations before us I cannot see how we can seriously consider the Bill. When are we to get the regulations? How soon? They will be an integral part of the debate on the Bill and in their absence we are creating a debate minus 50 per cent of the information. I will leave it at that.

I have listened to a number of debates in this House and I have seen Members of the Opposition benches literally jumping up and down at times in an effort to make a point. To date I am delighted and heartened that there seems to be a general consensus on this issue. It shows the humanitarian aspect of politicians when too often you read about other aspects. All speakers who have contributed here have done so out of a sense of responsibility and their contributions were geared so that we got all angles of this Bill.

In this we are making sure that the elderly are cared for. Let us not forget that one day that Bill might be dealing with some of us. Old age will creep up on us all. During my reading this year I came across a quotation from a man called Trotsky who said: "Old age is the most unexpected of all things that happened to man". Therefore it is important that we have consensus here and that we get things right at the very beginning. I compliment the Minister and his officials on the excellent presentation and the work they have obviously put into this Bill. Being involved in that business myself, I can see it is not before time somebody came up with this. I congratulate the Minister on the package he has put together and I am sure that the elderly can only benefit from here on in.

As I have come in at such a late stage in the debate most of the points I wish to make have been covered already. However, I feel it is imperative that we get nursing homes registered right in the beginning and that registers be compiled and sent to the relevant people, doctors, nurses, community workers, etc. One of the words used most commonly in this debate has been "mushroom". Let us face it, nursing homes have been mushrooming around the place and in my own practice I have found that sometimes I am called to an area which previously I did not know existed. It is important that registration be brought in and that a licence be introduced for the people involved. I feel nursing homes have been inclined to mushroom because one which has better amenities, is nearer to churches, etc. may open up at the expense of another which closes down. Perhaps expense enters into this too. I do not think the closing down has anything to do with nursing care or anything else that goes on in these homes. Our Irish Nurses Organisation is one of the most up to date and professional of all. We are proud of our Irish nurses.

While I have complimented the officials concerned in this, I agree with a certain amount of what Deputy Yates and other Members of the Opposition said. I am sure from the way the Minister and his officials have prepared this Bill that all those points have been clarified. I am a little hesitant about Deputy Yates' solution of boarding out. This is a fine way in which to approach matters, but boarding out seems to be a Cinderella solution which can also save taxpayers' money. I am wary of it because, let us face it, would any of us reputedly reasonably well off people be prepared to take an elderly person into our families? I have great admiration for those of us who do this, but boarding out can be abused. In certain areas people may be brought in for profit. I would like to see boarding out houses categorised and graded if necessary in the way Bord Fáilte grade houses and that they be thoroughly inspected with regard to the type of householder we are permitting to do this. I hope I am not misunderstood here. I have seen people who were excellently well boarded out, but I have also seen elderly people boarded in circumstances which were far from ideal.

Deputy Howlin asked why all these nursing homes were springing up and he said it was because we were closing down district hospitals. I fail to agree with him on that and I could argue the point but then we would be getting away from the matter of this debate. However, even if he is right I feel some good has come out of it. District hospitals are fine. They are grand places and well looked after, but a great many of our elderly are imprisoned in district hospitals. Much better care can be taken of them in properly designated nursing homes. It is well known that elderly people can be dumped into nursing homes and spend the rest of their lives in them.

The idea of nursing homes is a good one provided they are properly organised, as the Minister and his officials have set out to ensure. The Minister and his officials have now directed their attention where it should be. In relation to the day-to-day existence of elderly people a number of speakers asked how often have you walked into a nursing home and seen a row or two rows of elderly people literally embedded in their chairs with nothing to do except look at the television set or at each other. When they are aroused from this stupor of boredom and medication, how often do we treat them like children or demented people? Actually, they are normal human beings who have come to a certain stage in their life and this is all that is left for them.

Being isolated, house-bound, lonely and bored is a sad way to be at any stage of one's life, but more so when one is aware that not much is left and particularly when there is no reason to expect any improvement. That is why from today onwards we are expecting an improvement. As doctors, as health boards and as Government we are laudable in the way we think about our community services. Our community services are doing an excellent job. If they can keep that claim on excellence we, as doctors, health boards and Government must literally harass them so that the reality will match the rhetoric. It is important that our community services are kept on their toes — I know they are — and that excellence is maintained at community services level.

I would urge much more local community involvement in the care of the elderly. There is a responsibility on us to highlight the nursing home in a different vein not as a profit-making organisation or that it should be regarded as the responsibility of the health board to look after them. These are places where people exist. The local community could make the people's lives much more fulfilling. As Deputy Barrett and others have said, we should stop asking for more grants for this and that. I would like to see voluntary committees set up at community level independent, if necessary, of the health boards and of the Department. Perhaps representatives of the community could be put on these committees so that more local communities can take care of the shortfalls and provide better amenities in the actual nursing homes. We have a project — of which the Minister is aware — whereby a great deal has been achieved by the local community. When it comes to a deserving cause the people of Ireland, and certainly the people of Donegal, will rise to the occasion and will provide these amenities. Perhaps health board moneys could be diverted to these projects. A lot more could be done at community level. At this point I would like to thank the People in Need from whom I received a cheque for £40,000 last Monday week. People in Need is run on a national basis and it goes to show what the people of Ireland can do when a deserving cause comes up. I take the opportunity to thank the People in Need and I hope that the good work will continue. I believe that much good work could be done at local community level. I understand they are going ahead next year and I am sure they will be twice as successful.

I have mentioned the high regard in which I hold our Irish nurses. I urge the health boards, when these licences are being granted that they be granted to the people who will take care of the elderly. The properly trained nurse is vital in the private nursing homes and in nursing homes in general. Elderly and demented patients can be quite a handful with getting up at night, hallucinations and so on. The quality of our nurses in these homes must be maintained. Too often the elderly are overprescribed and the Minister has admitted that there is a tendency to over-prescribe for the sake of convenience. I hope that the nurses can be geared towards the proper care of the elderly rather than with the use of so many drugs. I will not continue much longer as, perhaps, there are others who wish to contribute. The matter of confidentiality is important. I know that the Minister and his officials will look into that aspect. I agree with Deputy Wallace that it is imperative that where we get a husband and wife or a brother and sister, while it may cause problems at ground level, we should ensure as caring people that they be placed together and not be put at different ends of the county. These are the teething problems that will arise in different localities from time to time. With the community services we now have I feel they will be well and truly looked into.

There is an old saying that old dogs cannot be taught new tricks. I am not sure whether I agree with that saying in its entirety. Many of our elderly people have a little experience of receiving instruction. I am not saying I am advocating education for the elderly but certainly I would like to see more stimulation being brought about because I do not think that these old "dogs"— which I call them, on perfectly friendly terms — could not be taught new tricks. I have done some reading on the matter and I found that in the University of Queens-land a survey was carried out on 55 people over the age of 60 where they tried to experiment with teaching them German: 38 passed, and seven passed with honours. There is a feeling that as we get older our intellect tends to diminish as well. I would like to see more studies carried out on elderly people as I am sure there is an area of brain stimulation that would keep people active.

I again congratulate the Minister and his officials on bringing forward this Bill. There are other aspects such as subvention etc. which the Minister and his advisers are qualified — rather than my making any suggestions — to look into it. The improved legislation is necessary in this area. I am delighted that we have general consensus on the matter from across the floor. This legislation is fair and reasonable and I hope it will go through this House efficiently and in the manner which it should and which we would all like to see.

I would like to say to the Minister that the Green Party, Comhaontas Glas, broadly welcome this legislation but at the same time it must be said that the primary motive for the setting up of these private nursing homes is financial and sometimes the quality of care provided is less than desirable. Therefore, we agree that minimum requirements be enforced by the health boards. The ideal, of course, is that the elderly could be cared for by their own relatives. This could be made possible if the proposed subvention was first offered to family members and if provision could be made to allow for some short career breaks throughout the year. Elderly relatives could then be boarded out to a nursing home of their choice.

I agree with Deputy McDaid when he said that we need more community involvement in nursing care. It is very important to have care for the elderly less State-centred. Unfortunately, some elderly people cannot be accommodated at home due to chronic mental or physical illness and the need of nursing care and good medical back-up. Successive Governments have failed to provide care for these people. In recent times they have closed down district hospitals wherein the sick and elderly were looked after. The onus has now fallen on the private sector to provide for the needs of our elderly population. This is not a desirable situation, especially in the absence of enforced standards.

There are a couple of points I must raise. Sometimes elderly people choose to reside in nursing homes not for reasons of mental or physical infirmity but for social support, company and security. Nowhere in this Bill is there any reference made to the provision of recreational facilities. Most institutions care adequately for the physical needs of patients. When I have had occasion to visit a nursing home patients have been sitting in armchairs beside their beds without stimulation of any kind. We all need some form of recreation or stimulation to function properly and the elderly are no exception. I should like to see a section which would include provision for the recreational needs of the patients in the form of dayrooms with games, newspapers and regularly organised social activities.

One other point concerns me. If a new nursing home is refused a licence under section 4 (3), could the applicant be entitled to monetary compensation?

The Green Party broadly welcome this Bill. I ask the Minister to take note of the points I have raised, which I believe to be very important for the successful operation of the Bill.

I broadly welcome this very necessary Bill. Most organisations and individuals involved in this field have called for a code of standards and regulations governing all nursing homes, as well as the registration of such homes. The purpose of the Bill is to promote higher standards of care for dependent people in nursing homes and to change the arrangements whereby subventions can be made available to all people in nursing homes. The Bill is also designed to facilitate health boards in making arrangements for the boarding out of persons who can no longer live at home.

The care of elderly and dependent persons is a growing phenomenon which will in time demand greater Exchequer allocations. The demographic trends are quite evident. By the year 2011 a population of 414,000 elderly people is forecast, an increase of 10 per cent. In urban areas the increase will be more marked. There is obviously a need for a greater degree of forward planning and over the years there will be a greater need for the allocation of resources.

In many ways the Bill meets the demands of those who have been calling for regulations in this area. It will also improve the public perception of nursing homes. Unfortunately very many good nursing homes suffered from a rather poor public perception which did not marry with reality. If this Bill can bring about uniformity of standards it will help to rid the country of that perception.

The Bill proposes a licensing system for all nursing homes. I agree with the Minister's proposal that the health board should be the licensing authority. The private nursing association have suggested an independent licensing authority, claiming that this would lead to greater uniformity. In my view the health boards represent the better option in that they would have a greater degree of objectivity in issuing licences and inspecting premises. Objectivity is more important than uniformity.

The Bill also authorises the health boards to provide training for nursing home staff and to provide a range of ancillary services such as chiropody and physiotherapy. This is very welcome. It is essential to have properly trained and well qualified people in nursing homes. It is important that standards of training should be on a par with the standards for training nurses in hospitals. I welcome the Minister's intentions in this regard. He might also bear in mind the point raised by Deputy McDaid concerning intellectual stimulus for the elderly in nursing homes so that they can have an active and participatory intellectual life to the end.

The health boards will be given power to inspect premises on an on-going basis. This is important in order to prevent abuses. Two areas are giving cause for concern to those engaged in running nursing homes. One relates to the subvention. The Bill provides that all nursing homes open since 1980 will be entitled to a subvention, but it is important that some commitment should be given to provide increased resources in the future to care for the growing number of people who will need nursing home accommodation.

The concept of boarding out is also giving cause for concern. If boarding out of more than one person is allowed in a private dwelling, this could leave a very convenient loophole for those who would wish to avoid meeting the standards laid down in this legislation. The Minister might clarify whether boarding out will relate to one person or to more than one person. The Bill defines a nursing home as an institution which will cater for two or more than two dependent persons. If boarding out can cover two or more than two people, this Bill could be undermined. The Minister might clarify that matter.

There was a general perception that nursing homes were of a low standard, lacking in care and almost merciless in their approach to the elderly. I visited a number of private nursing homes in my area of Cork, particularly some of the newer homes. The standard of care and comfort was exemplary in many of them and they met the highest standards in regard to fire regulations. There is a role for the private nursing home in the care of the elderly. As demographic trends demand that society provide greater care, private nursing homes will assume greater importance. There are many fine operators in this field and we should not constantly make derogatory remarks about them.

Regarding fire regulations, any new nursing home should have to comply with the requirements of the fire officer in the locality. An inspection should take place before the issuing of a licence to ensure that the regulations are being fully complied with. The Minister might consider including such a provision in the Bill.

This Bill represents a watershed in the care of the elderly. I welcome it and compliment the Minister on his initiative.

Rarely has there been such a spirit of glasnost or consensus in the House in relation to any measure as we are witnessing in regard to this Bill. I compliment the Minister on bringing it before the House and on the considerable detail contained in it. The legislation puts in place a very definite set of standards for the supervision and regulation of nursing homes. In an era when we are so conscious of applying minimum standards and maximum standards for services in every area of activity, it is doubly imperative that we set down, regulate and stipulate the highest possible standards for our senior citizens. These people took our country through its formative years, reared families, worked hard for their kith and kin and saw the country through changing times and — very often — difficult changing economic circumstances. Some of them now are totally dependent on others and need to be cared for. As a modern generation and as legislators it is our social and political duty to ensure that the dignity of our senior citizens is upheld and that their welfare is not just protected but promoted.

Ultimately, as has been said, it is the duty of the State to ensure that those who cannot look after themselves are fully looked after. Like speakers on all sides of the House, I want to pay tribute to the marvellous level of care that has been provided for such people over the years in private nursing homes and hospitals. They have done marvellous work looking after the elderly, they have given a standard of care and accommodation second to none and, in many cases, this has been under-appreciated and unrecognised. These institutions have stepped in, picked up the pieces and filled the vacuum when the State has not been in a position, or has not been required or called upon to do so.

When one considers that almost 40 per cent of the elderly people placed in institutional care are looked after by the private sector, one appreciates the scale of their contribution. When the Irish Private Hospitals and Nursing Homes' Association were set up in 1974 their aims were very basic and straightforward, to encourage and to promote adequate standards of accommodation, facilities and patient care in private nursing homes specialising in the care of the elderly. They were essentially a self-monitoring body, which was very commendable, because they set out to ensure compliance with essential basic requirements. The association set down the same set of guidelines as those laid down by the Department of Health. However, the important thing is that they were not just relying on the Department, the health boards or their officials to monitor, implement or enforce these requirements. Each nursing home is inspected by members of the association and they are very rigid in their insistence on adherence to the standards they have laid down. They are adamant that these must be observed and members are compelled to supply adequate medical staffing, satisfactory hygiene conditions for storage and in the preparation of food and adequate accommodation for the safe keeping of drugs, and so on.

The owners of nursing homes would be the first to acknowledge that, by and large, they have been responsible for bringing a certain amount of public odium, or a bad image, on themselves. Unfortunately, this adverse publicity arose because of the relatively small number of bad apples in the barrel. This always arises when there is a small number of sensational but well publicised cases. It is regrettable that a small number of transgressors of the code, discipline and regulations have been responsible for besmirching the good name of the private nursing homes operating in this country because, as was acknowledged on all sides of the House, these people have done invaluable work. It is, therefore, something of which the members are very conscious and they realise more than anybody else that they have a public relations role to fulfil, that it is in everybody's interest to ensure that standards are maintained and that they must eliminate any question mark that might possibly exist in relation to how private nursing homes are operated.

It has been acknowledged that there is nothing more natural than for someone to spend their final years in the safe keeping and company of their own family. Nothing can supplant the relative security of mind of spending one's final days in the extended family. It is mutually beneficial to the family and to the elderly person. However, this is not always possible and anyone placing a relative or friend in a nursing home must be absolutely satisfied and have total confidence in the management and operation of that home. To place someone in a nursing home is a sad and — very often — traumatic experience but sometimes it is necessary. There must, therefore, be no doubt, not even the slightest taint or suspicion, about the sensitivity and the quality of care provided.

One of the most commendable aspects of the homes run by members of the IPHNA is their size. Generally they care for between 15 and 20 patients which means there are obvious advantages from the point of view of patient care. It is obvious that the smaller the unit or institution the greater the sense of personal care, identity and community. Given that the IPHNA have imposed their own standards, I would like to see them adapt a fairly binding principle that they would not go above this threshold of 20. Size must be a determining factor from the point of view of community, fellowship, quality of care, the elimination of anonymity and, generally speaking, providing a high level of care and sense of belonging.

Members of the nursing profession have a special advantage and the IPHNA exhort and encourage people who set up private nursing homes to have basic nursing qualifications. There is nobody more qualified to give this kind of nursing or care than someone who has been through the rigours of nursing training. Again, from the point of view of the elimination of any taint or suspicion that something is speculative or commercial by nature, we should encourage and exhort — and maybe even eventually insist — that anyone who decides to set up a private nursing home should have basic nursing qualifications.

As other Deputies said, this legislation is required and welcomed by all conscientious people inside and outside nursing homes. However, the Minister will have to give certain assurances to the management of such institutions. I am talking about complaints that surface from time to time, and very often validated by experience, that there tends to be a general tardiness on the part of health boards to making subventions to these homes. The management of such institutions very often complain that they are left for many weeks — in some cases months — before they receive subventions. These people must balance their books, like the Department and the health boards, and they should be relatively confident that they would receive such subventions within a specified period of time. That is why I would like to see the Minister and the Department insist that health boards should be compelled, within a specific period, to make the necessary cheques available to the management of such nursing homes. At present if a person has a medical card and is being looked after at home he or she is entitled to incontinence sheets and pads. Unfortunately, however, if that person is taken into a private nursing home he or she does not enjoy that facility at a cost to the State. When one considers that the cost of these pads is something in the region of £20 per month it is clear that it is a considerable imposition on nursing homes which are already operating on a tight budget. In all fairness, in relation to the application of the new guidelines and subventions, it should be looked at and sympathetically addressed by the Minister, the Department and the health boards.

The level of subvention, which was mentioned by Deputies McDaid and Martin, will have to be seriously looked at. A similar institution in the UK receives £140 sterling per patient per week. I know we are living in two different economies, but the level of subvention here will have to be enhanced and increased by virtue of the fact that there will be a considerable influx of people to private nursing homes who, hitherto, were not in a position to avail of them. It is obvious that something will have to be done in this respect. I concur fully with the point made by Deputy McDaid that it goes without saying that, when and if somebody is admitted to a nursing home, apart from basic nursing care, there are other aspects of their wellbeing that must be taken into consideration.

It also goes without saying that, if somebody is to stave off or avoid senility they must be stimulated. As Deputy Garland has said, very often the only way one can maintain such stimulation, staving off senility, is by the provision of the necessary group therapy dynamics and activities within nursing homes, thereby ensuring that people operate to their full potential and capacity at all times. That is in the interests of everybody concerned and the long-term atmosphere of the nursing homes, apart altogether from the welfare of the patient. This should be regarded as a basic or core facility in nursing homes.

I share the apprehension expressed on all sides of the House in regard to the need to regulate on a more formal basis the boarding-out scheme which was pioneered in the Western Health Board area. Indeed it was the brainchild of a community care supervisor within that health board area and appears to work fairly well. However, that system is capable of being abused. There is undoubted evidence that in some cases there is overcrowding when the necessary care and concern do not obtain. Certainly the need for group therapy dynamics or stimulation does not obtain at all in some of the boarding-out facilities provided in the Western Health Board area. Such therapy and stimulation has a central role to play in the overall geriatric care and is something we shall have to regulate and monitor on a continuous basis.

I share the apprehensions of those who seek the substitution of the word "licence" by another. While the word itself does not have any deleterious connotations, generally one tends to associate licences with, say, cars, guns, public houses, dogs and so on. When talking about the quality of human care I should prefer that some other word be used. The association accept the need for the concept of a licence. Of course, we have heard also about the rod licence. It appears we are talking about a technical substitution there also. I share generally the views of people within the profession and managements of nursing homes that some other word be substituted.

Like everybody else we wish this Bill a speedy passage and look forward to the implementation of its provisions which can only be good for all concerned.

A large part of nursing home accommodation for the aged and disabled is provided in privately-run premises. It is crucial to the overall health care programme that such facilities be properly maintained. With the increased life expectancy of recent decades accommodation for the aged constitutes an even more pressing need than was the case heretofore. It is necessary that there be adequate control to ensure that nursing home accommodation is of a satisfactory standard, thereby ensuring that our aged citizens are not neglected or exploited.

I welcome the Bill before the House. We must also pay tribute to those who have provided such accommodation on a voluntary or private basis over the years. I am a member of a health board who has visited many institutions over the last 15 or 16 years. One cannot but be struck by the overall improvement effected whether in psychiatric, geriatric or general hospitals but particularly by that effected in geriatric institutions within health board areas. Such institutions have improved beyond all expectations in recent years. Nonetheless there remains a problem with regard to securing accommodation for our aged. The demand for such accommodation will continue to exceed that available at either health board or private level. We know this problem is aggravated by longer life expectancy, by the number of households where entire families are working and who are unable to take care of their elderly members.

Approximately three years ago the North Eastern Health Board, of which I am a member, established a committee to prepare a report on the care of the aged and examine all aspects of accommodation, assessment and so on. One point emerged from this undertaking which was the need for a strict system of monitoring all patients admitted to homes. We discovered that approximately 20 per cent of residents in some health board institutions — and this would apply to voluntary institutions also — were admitted to such residential care much earlier than was considered necessary. With the present emphasis being placed on community rather than institutional care there must be a reduction effected in the numbers being admitted to institutional care. In the course of preparation of that report the members of the North Eastern Health Board visited many institutions outside our area, provided by health boards and privately. In drawing up that report it clearly emerged that there is no substitute for allowing people to remain as long as possible in their home and local environment. This concept has been advanced considerably by the work undertaken in recent years at health board and local authority level. For example, there is the provision of sheltered housing for elderly. This constitutes the most effective system of accommodation for such people and carries the added advantage of minimising inconvenience for home help, district nurses and doctors. It also means that some residents can help others on the spot. Many such local authority group housing schemes have small community centres sited adjacent thereto, not alone for the use of residents but for the community at large on a day-to-day basis when they can avail of the various services provided.

The housing aid for the elderly scheme has met a great need in recent years. There has been much work undertaken, such as refurbishment, draughtproofing of windows and doors, slate replacement and so on carried out by AnCO and other tradesmen engaged under the provisions of the scheme. There was the very laudable suggestion by the Department of the Environment recently also which was that the scheme be extended for the provision of water and sewerage facilities. Certainly the implementation of that scheme has improved the living conditions of many in rural areas.

In the course of our committee deliberations some pertinent statistics were highlighted. For example, with a population of fewer than 287,000 in the counties of Cavan, Monaghan, Louth and Meath we discovered there were in excess of 30,000 aged 65 years and over; that is according to the 1981 Census. The breakdown of that figure showed that 32 per cent were aged 75 and over, 16.8 per cent aged 80 and over, 58 per cent were single and widowed, with 19.3 per cent living alone. That statistic of almost 20 per cent of those in excess of 65 living alone presents enormous problems. Persons in that category are vulnerable to health-related problems, loneliness and lack of support. There is a great need to provide this service for them so as to ensure that they can stay in their own environment.

The previous speaker referred to what has been done for the aged in his county. One of the institutions we visited at that time was in Castlebar. It was our view that the general principles and practices operated by the Western Health Board in the institution in Castlebar represented a very appropriate model of care in areas of geriatric assessment, rehabilitation, out-patient clinics, extended nursing care, domiciliary care of the elderly in the community and the integration of hospital and community services. It was one of the best models of care which we saw and I hope the Department of Health will bring this institution to the notice of other health boards so that they can base their services on it. Any scheme which works satisfactorily like the one in Castlebar should be extended to all health board areas.

The voluntary institutions which maintain elderly people in suitable conditions near to their relatives and friends also provide a valuable service to the local community. They can also make a significant contribution to the development of day care and shelter services which are aimed at keeping elderly people active and independent in the community especially when their premises are strategically located.

Some of the previous speakers referred to boarding out and the FAS scheme. For an elderly person boarding-out can be a good substitute for a normal healthy family home. It is especially good for people who cannot live alone or who live in isolation and who do not need medical care. It can also be used very effectively to give short-term assistance to families who have to care for elderly relatives. Careful assessment is needed of the people being boarded out, the families receiving them and the accommodation being provided. These arrangements must be monitored continually by the health board staff. The boarding out scheme is operating effectively in some areas and it could be developed further in many other areas. As has been mentioned in some cases, part of the cost of boarding-out is met by subvention from the health boards.

Some nursing homes have expressed concern that the licensing system proposed could militate against owners who might seek funds for extensions or repairs and there could also be problems when the property is being handed on to somebody else. Reference has been made to registration rather than a licence.

There is no doubt that there has been terrific improvements at all levels of care for the elderly. It is only right that our elderly people should get the care and attention in their declining years which they deserve. As I have said before I welcome this Bill.

I also very much welcome this Bill, not as a total answer or the definitive charter for nursing homes but as a progressive step in the right direction. The position of my party has been very thoroughly and clearly outlined as always by our spokesperson, Deputy Ivan Yates, but as a Dáil Deputy who comes from the north-west and represents the Sligo-Leitrim area I should at least make a contribution, however brief, to this debate.

As many Deputies have already outlined, we have an ageing population. This problem will get progressively worse in the years ahead and will become more acute after the year 2000. All the negative aspects which manifest themselves nationally in our demographic trend are all the more manifest in the north-west area. This, of course, is part of our history and is a legacy of emigration, particularly the emigration which took place in the fifties and the emigration which is taking place at present. The social structure and fabric of whole communities has been changed by emigration but of all the areas hit by emigration down through the years the worst areas hit — when broken down on a district electoral area basis — are Kilkelly and Swinford in Mayo, Aclare, Tubercurry, south Sligo and Leitrim. All of these areas lost more of their population through emigration than did any area of Vietnam during the horrific war which took place there in relatively recent times.

Not alone have I a particular interest in this area but obviously all Deputies who have contributed to the debate have a particular interest also. It is only right that all of us should give major priority to our senior citizens. There is an obligation on all of us to do that. The people who are now in nursing homes or about to go into nursing homes lived through the very hungry times of the twenties and thirties, the formative years of this State. These people gave of their very best in building up this State and it is only right, as Deputy Leonard said, that in their declining years they should be treated with dignity and given freedom, comfort and maximum care.

As I have said the north-western area, even extending over to the Minister's area of County Monaghan, has always been very badly hit by emigration. That trend which was forced by economic necessity was accompanied by another factor, the extraordinary care people at home gave to the elderly often in inadequate housing and without the facilities which are now available in old persons' homes. The overall result of this combination of factors is that a large number of elderly people live on their own and they are the people who are being considered in this Bill.

I want to give an example of the emigration which I have been talking about and which happened during my father's time. I have three first cousins living in Ireland, 37 in New York city, six in Boston and five in Chicago. That is a reflection of the emigration which went on at that time. Perhaps I should be running for election in the United States and not in Sligo.

Excellent work is being carried out in the North Western Health Board area particularly in St. John's Hospital, by the Sisters in Nazareth House in Sligo, in the nursing home in Ballymote and the homes for the elderly run by the North Western Health Board and by different orders of nuns in the area. However, this work alone is not sufficient. Their services need to be supplemented and extra care and space is needed. The nursing homes can have excellent potential in this regard. A well run nursing home — hopefully this Bill will ensure that all nursing homes are well run — can be of enormous advantage and very attractive. One of the big advantages is that they will all be small with a limited number of people living in them. As a result the patients will receive personalised care and treatment. With more nursing homes starting there is a greater prospect of people being cared for in their own community.

Medical and nursing care are very important but equally important for the general wellbeing of the people in those nursing homes is the environment in which they live. It is important that they should live in an environment they know and that their family, friends and neighbours be able to visit them. Indeed, it is important that school children, when returning from school, can call to see their relatives in nursing homes. Small nursing homes can be of great advantage if they are located adjacent to the homes of the patients in that burdensome travel is eliminated. If there is a lot of travel involved friends and neighbours find it difficult to visit patients in those homes.

I am sure the Minister will agree that the training and professional qualifications of the staff in such homes is important. I hope the Minister in the course of his reply will elaborate on his views about the qualifications of staff of such nursing homes. It is important that the staff should be properly trained and we should have such a provision built in permanently into the structure we are proposing. As a medical doctor the Minister will be familiar with the need for the ongoing training of staff. In this and other areas of medicine new developments are taking place almost daily. The new techniques being introduced will help the elderly and make their life more pleasant. Great attention should be paid to the ancillary facilities to help people pass the time in a constructive and entertaining fashion.

Deputies have referred to the need for specialised inspectors to visit such nursing homes. There is a need for chiropodists to visit nursing homes on a regular basis. There is also a need to arrange a well organised independent supervisory system. I support that nursing homes should be visited regularly by a medical doctor, as distinct from the doctor employed by the nursing home. Perhaps, it will be possible for the GP of a patient, or another doctor, to visit those homes on a number of occasions annually. It is natural that elderly people feel uncertain or afraid to make legitimate complaints. They fear that there may be repercussions for them. For that reason it is important that the nursing homes be visited by a person in whom the patients have confidence. They should be able to make complaints confidentially to a visiting doctor and feel happy that action will be taken. That is an essential part of any supervision of nursing homes.

Many Members referred to the question of the subvention by the State towards the cost of keeping people in nursing homes. The State should pay an amount equivalent to that which it costs to keep an elderly person in a State hospital or home for the elderly. I accept that there may be new developments in that area and that a boarding-out scheme may be introduced. The Minister should introduce legislation to cover such developments at a later stage. There is a potential for such a scheme but there are dangers involved. However, it will be good if we can have our elderly people cared for within their own community.

There is no question but that the motivation in running nursing homes is one of profit and the owners of them are entitled to a reasonable return for their efforts. They consider the running of those homes to be a business venture and that is fair enough but we should, as far as we can, keep the business aspect to a minimum and allow for reasonable profits for those who run nursing homes. We should encourage dedicated people to get involved in running nursing homes because of the value of the service they give to the community.

I should like to thank the Minister for introducing the Bill but I should like to suggest to him that he should not leave the matter as it is. We should ensure that there is constant examination of all aspects of care of the elderly. I suggest to the Minister that he request the Taoiseach to appoint to him a Minister of State, one of the existing Ministers of State, and give that Minister special responsibility for the care of the elderly. Such an appointment need not cost the State one penny extra but it would mean that the person appointed could work out ways to give better attention to our elderly. We should give the elderly all the care and attention they need. The State owes them a debt of gratitude. Indeed, I suggest that a committee of the House be established to work in conjunction with the Minister and his Department for the care of the elderly. I have no doubt that Members would be queueing up for membership of such a committee, if one is to judge by the content of contributions to the Second Stage debate on the Bill.

The Minister should consider establishing a visiting board whose responsibility it would be to visit nursing homes on a regular basis. They should have strong powers enshrined in the legislation. I am not suggesting that the members of that board should act in a voluntary capacity; they should be paid for their work and should be ruthless in ensuring that all nursing homes conform to the regulations. The board should be responsible for ensuring that there are no breaches of regulations and that undesirable practices, not covered by the regulations, are reported so that action can be taken by the appropriate authority.

All politicians, in the course of their constituency work, are approached by elderly people seeking accommodation in a good home for the elderly. It is not always possible to procure that accommodation because of the pressure on such accommodation but, generally speaking, it is possible. I do not think there is any more rewarding job that any politician can do than to look after elderly people. I might add that no person is more grateful than an elderly person if work is done on his or her behalf. Generally speaking, ours is a thankless job but the rewards come if we are able to help an elderly person procure accommodation.

This has been an extraordinary debate. Indeed, it is one of the best I have heard in the Chamber in recent times. The work done by Members at their clinics, which is often denigrated, is reflected in the contributions to this debate. TV coverage of the proceedings of the House of Commons commenced today and it is inevitable that we will have TV coverage of the proceedings of this House. I have mixed feelings about such a development because in my view it would change the character of the House and the type of contributions made. The appearance of a Member on TV may become more important than what that person has to say.

Having said that, I am sorry we did not have TV coverage for this debate today because this Bill is worthy of such coverage. Had it been televised Deputies would emerge with a slightly better reputation than they are often credited with. I congratulate the Minister on this Bill. It is very welcome but it should not be regarded as the total definitive work. If improvements are needed the Minister should have an open mind and make them as they become apparent. Very often our elderly are not able to speak for themselves, and what is required from us as legislators, and from the entire community, is constant vigilance to ensure that they have the kind of life they richly deserve.

I congratulate the Minister for bringing this Bill before the House. It is a very good Bill and it is time such a Bill was brought before the House. There is a large elderly population in this country at present and, as the previous speaker, Deputy Nealon, said, there is a great need to look after these people. I congratulate the North-Western Health Board for the way they are looking after the elderly people in their area and also the doctors and nursing staff at St. John's Hospital, Sligo, Nazareth House, Sligo, and Ballymote nursing home. I hope the Minister will make a decision soon in regard to the welfare home in Tubbercurry, County Sligo. The Minister provided money last year from the national lottery toward the provision of this welfare home. I welcome that. I also welcome the fact that some sheltered housing will be provided in the grounds of the nursing home. This is a step in the right direction. In this sheltered housing people will not be confined to a hospital or a nursing home but they can live in the nursing home complex.

I would like to speak very briefly about the spate of break-ins in the homes of elderly people in recent times, particularly in the west. Elderly people living on their own are the most vulnerable people in our community. Some greedy violent and ruthless thugs broke into their homes, robbed them and sometimes beat them up. These people had to go to St. John's Hospital or to Nazareth House in Sligo because they were afraid to live on their own. A Bill such as this will provide for these people, elderly people who worked so hard and did so much for this country.

I thank the Minister once again for making the necessary money available to enable us to set up the welfare home in Tubbercurry. The Taoiseach turned the first sod on that project over 12 months ago, and now that it is getting underway I appeal to the Minister to make the necessary finance available to continue with this project because this welfare home is needed. I feel very strongly about elderly people being 30 or 40 miles away from their own community. The idea would be a 20 bed welfare home in the community, where people could live in their own environment and among their friends. That would be a step in the right direction. Again, I welcome this Bill and congratulate the Minister on it.

I compliment the Minister for introducing this Bill and express the hope that it will eliminate some of the difficulties experienced over the years. We have identified them by virtue of our experiences in the institutions run by the existing hospitals and health boards. The general purpose of the Bill is to set out the structures in relation to the buildings and care which we proposed to give to the elderly. There is no ground in society today more vulnerable and subject to the whims of economic pressure than the elderly. There are many instances where elderly people, having been admitted to general hospitals, are then discharged and shunted from post to pillar, as it were, in an unceremonious and undignified fashion that ill befits them.

Let us examine what happens at present. When an elderly person — for instance, a stroke patient — is admitted to a general hospital he is likely to be there for a week or two at the most and then he is referred elsewhere. When alternative accommodation is available, either in another hospital specialising in geriatric care or in a health board institution of a minor nature, that is all right but in many instances there is no such accommodation available. Over the years we have had an opportunity to evaluate the suitability of some of the accommodation that was available, both in the private and public sectors. I have no hesitation whatever in going on record and saying that up to a few years ago some of the accommodation which was available in the public sector left an awful lot to be desired. Old, decrepit buildings were being utilised to accommodate the elderly and this, to my mind, was a complete reversal of the manner in which we should have been dealing with the matter. Obviously the elderly are much more subject to climatic changes than any other sector, with the possible exception of babies. Some of the old buildings in which our elderly were housed over the years were, to say the least, totally and absolutely unsuitable and it was impossible for staff to operate and give a proper degree of service in them.

It does not really matter who provides accommodation as long as it is there and a good standard of care is available. Good solid buildings should be made available wherein that accommodation could be provided. In the great majority of cases, in recent years in particular, where private accommodation has been provided, the regulations laid down by the Department of Health, the health boards and the fire departments of the various local authorities are sufficient to ensure that the standard of those buildings is equal to if not better than many of the older State-run establishments. That may well reflect on ourselves as legislators and as members of various boards. I see nothing bad in allowing the private sector provide this much needed service provided of course that we never lose sight of the main objective which is to ensure that the right degree of care is provided.

In that regard I would like to dwell for a few moments on the categories of patients being referred to institutions at present. We should remember that the extended family is not as available as it used to be to cater for an elderly person within a family. In recent years, and I am not making a political point, there has been large-scale emigration with the result that in many cases the extended family is not available to the extent it was some years ago to care for an elderly person. That elderly person is faced with three options. The first is to enter a welfare home. This is acceptable where the person is not immobilised and does not require regular medical treatment provided that the patients are categorised and are placed in that kind of environment in the knowledge that they will not have to have recourse to the kind of medical attention provided in a geriatric hospital. As I see it, we will have to make sure that patients are categorised properly and ensure that we do not have in welfare homes a patient or patients who require regular visits from a doctor or specialist.

We now come to the person whom nobody wants, the immobilised patient or the patient who requires what is described by the health boards as heavy nursing. It is not good economics for a private nursing home to take on too many immobilised patients for very obvious reasons. One reason is that they require a very high degree of medical attention. It is important that a good proportion of those who require heavy nursing are spread between the public and private sectors, otherwise we will end up with those institutions in the public sector which are already overburdened carrying the weight of the problem, the most seriously affected and those most in need of attention. It is of vital importance that in each community care area there are two to three private institutions and a similar number of public institutions. In placing patients we should have regard for the degree of medical attention required at all times and ensure a similar number is placed in both the public and private sectors, thereby ensuring that everybody carries their fair share of responsibility.

I am sure that most Members of this House have had access to private institutions in recent years and I must say that the degree of service and attention available is absolutely amazing. In many cases patients are not being maintained in subvented beds but rather the cost is being picked up by their families. It is not possible to do this in all cases but in a countless number of cases the extended family have clubbed together to pay for the upkeep of an elderly relative in a private institution. Let me also add that many of these patients have been holders of medical cards for quite a long time. It is particularly ironic that after a lifetime of work, be it in the public or private sector, and holding a medical card they find it is of no benefit to them whatsoever and they have to go to their relatives and friends to ensure that they get the attention they need at that stage.

Sheltered housing has been referred to by many Deputies, including Deputy Mattie Brennan who referred to it a few moments ago. It has an important role to play in the context of this Bill in this sense. It is not necessary to place all patients who require care and attention in an institution, be it private or public. It is possible, and desirable from the point of view of the State and the patient, to provide sheltered housing where regular medical supervision can be provided, where meals can be prepared in a central commune and where, at the same time, the individual patient would have a degree of privacy not available in a nursing home, hospital or welfare home. I am thinking here of small blocks of custom-built houses adjacent to a hospital to which medical staff would have ready access and where patients would have a degree of privacy which many elderly people desire and have striven for all their lives. We should attempt to give them that at this stage of their lives.

I would now like to refer to what I would describe as the in-between patient. I referred earlier to the role played by welfare homes. Incidentally, there are very few welfare homes providing this kind of service. I can see us arriving at the point where it would be much more economical to provide a service in a welfare home than in a nursing home or in a hospital for a patient who does not require that service at this stage. We would have no reason to put that person into a hospital. If it is possible for them to gain access to sheltered housing where they can be supervised and looked after without being totally dependent on either the public or private system then this should be done. Unfortunately, an insufficient amount of this type of accommodation is available at present with the result that more and more pressure is being put on our general and geriatric hospitals.

I do not want to be parochial but, for instance, in north Kildare where I live the main geriatric hospital is St. Vincent's in Athy which provides a very acceptable standard of accommodation and which has long since been a leader in providing that service. All credit is due to the sisters and staff of the hospital for the work they have done during the years. In fact, this was the only institution providing that service in County Kildare for a long time.

In recent years we have witnessed the advent of private nursing homes and the subvented bed. In north Kildare, from the point of view of family visits it is a long way, almost 50 miles, to Athy and it is virtually impossible to expect relatives to travel that distance on a regular basis either to the satisfaction of the patients or the relatives. There is an on-going problem in endeavouring to achieve that sort of accommodation within a radius of about 20 miles. Twenty miles in Dublin city would seem a long distance but in the country it would be quite acceptable. However, we do not have that service within 20 miles. The point at issue is that the subvented beds available in north Kildare do not nearly meet existing requirements. I know that in the context of this Bill there are proposals for a means test so that subvented beds would be available to a wider section of the community. That would be all right provided it met the problem which is that poor people who do not have the means at present have to go to relatives to try to get sufficient money to place an elderly relative in a private institution since they cannot gain access to the public one which has reached capacity. The availability of subvented beds is of major importance and this problem has been discussed at every health board meeting and certainly at EHB meetings in recent times.

While people may say that there have been cutbacks and that the number of beds have been curtailed, the essential problem is that the need is now greater, that more elderly people need accommodation. With each year that passes more and more elderly people have to be catered for. We do not have the resources within any of our health boards to go even half way towards meeting the requirements. Different areas may have different problems and in some counties the problem may not be as bad as it is in Kildare. Will the Minister carefully consider how this Bill will deal with the existing problem — and deal with it it must, because we cannot go on as we are. I have about ten different patients on my files at the moment who were referred to me by local GPs looking for accommodation for them with geriatric care. I am only one public representative and I am sure every other public representative is in the same boat. We have a long waiting list for subvented beds and unfortunately the only way in which a bed becomes vacant is when somebody dies.

That is not dealing with the problem at all. The patients trying to gain access to the beds know the situation. The problem results in old people being shifted from one institution to the next. A person might be in a Dublin hospital today and back down in a hospital in County Kildare next week and back in Dublin the following week. That is a most unfair and undignified way in which to treat the elderly.

There is a debate whether or not nursing homes could or should provide the kind of service we are talking about. They should and they can. In many cases they are doing so more economically than the State. That is another irony we would need to address. It is rather peculiar if a bed in a private nursing home turns out to be cheaper than maintaining a patient in a bed in a public institution. One of the reasons given why that should be is that there is a higher level of expertise in medical attention available in public institutions. That may or may not be the case and the reverse may be the case in some instances. We have an opportunity within the context of this Bill to provide a service for which there is an urgent need and at the same time save money. We need a certain amount of loosening up in relation to providing money for subvented beds. We could build new public institutions but they would cost a lot of money. We would not have to involve ourselves in such a large capital outlay if we used the private institutions. The only resolution to the problem that I can see in the short-term is to use private institutions provided proper medical attention is available to the patients.

Like every other Member in the House I have had correspondence from nursing homes. Without exception a most impressive degree of care and attention is provided by the people running those nursing homes. Far from it being a business, it is more a vocation because the people who set up these homes generally have a long experience in the nursing or medical professions or in caring for the aged. This experience stood them in good stead when they set up the nursing homes.

A few years ago I advised somebody who was in the process of setting up a private nursing home for the elderly. This person had a large old house which he proposed to adapt. At that time, and now in hindsight I can honestly say that I gave him good advice, I advised him to forget about adapting the old house and to operate from a green field site and provide new buildings. After some consideration he did so and it was the right step. He provided very high quality accommodation for the patients and the old house is now more valuable because it has never been interfered with. The quality of the buildings provided adjacent to the old house were complementary from an architectural point of view. There was a happy blending of the two types of development, the private residence and the nursing home, with the effect that medical attention was readily available to people living in a chalet-type accommodation with a high degree of privacy.

I hope that the Bill will deal with the problem about which we have all spoken. One could speak for hours outlining the problems that all public representatives have encountered in dealing with the elderly. If there is one group in society that we owe something to it must be the elderly who have worked long and hard for this economy. When they retire and require care and medical attention or housing we should be in a position to give it to them. It is unfortunate that up to the present we have not been able to give them the degree of attention they require.

There is a system of assessment for elderly people. The degree of assessment that some elderly people have to go through is outrageous; by the time many get through that assessment they can no longer be catered for in a nursing home or in a geriatric hospital. I would ask the Minister to streamline things so that it will not be necessary to bring a patient anything up to 100 miles to a central location to be assessed, kept there for two or three days, sent back to wherever they came from and told they might have to wait six months or a year, or until accommodation becomes available. It must be soul destroying for the unfortunate individual in such circumstances. Let us not forget that the elderly depend on those around them. The more immobilised they become the more dependent and, therefore, the more irritable they become. Anybody who is dependent on others is subject to the whims of those around them and knowing that is a big problem.

We are all getting older. Because of the age structure in our population there will be more demands on those providing care for the aged as time goes on. I hope that in this Bill we will set out a resolution to the problem by providing the care and attention that the aged deserve and desire without much more ado.

I would like to compliment the Minister on bringing in the Bill. We will have more to say on Committee Stage. I deliberately refrained from referring to the sections of the Bill at this stage but will do so at a later stage. Hopefully a degree of agreement will be reached within the House as to how best to deal with the problem because this issue should not be dealt with as a political issue but on the basis of delivering the best possible standard of service for those for whom it is intended.

First I would like to welcome the Bill which is long overdue. The original Bill which dealt with the area of care for our senior citizens was defective.

At this stage I would like to deal with the problems of subventions. There is no point having a Bill unless there is a commitment and the finance is provided to ensure that the old can get into a home regardless of their means. We can all make cases for particular individuals. One case that came to my attention was of a person in their seventies who was brought by ambulance into a general hospital in Louth and, that person's condition having got worse, was told to transfer to a city hospital but under no circumstances could an ambulance be made available. This person's relatives had to put that person, with drips, into a small car, with no medical care or attention, and make the journey all the way to Dublin, stopping on the way at a public house to get a glass of water for this person. The relatives felt very aggrieved and wanted to go to the media at that stage, but they allowed things to cool down. That is an utter disgrace, and this sort of thing still happens in our health service. This is not relevant to the Bill and I apologise for referring to it but I feel so aggrieved about it that I had to use the opportunity to say that if we are really concerned about our elderly we have to make the facilities available, and for the very frail and physically incapacitated the right to nursing home care is vital.

While I welcome the Bill there are certain elements of it that I would like the Minister to have a look at. Section 52 of the 1970 Act states that a health board shall make available in-patient services for persons with full eligibility and persons with limited eligibility; but while that is written into the existing Bill, we are not providing it.

Even medical card holders are not being granted their rights. A constituent of mine was speaking to me about the subventions last week. All the money has dried up and this person was left with only her pension and, having been in a home for the last ten or 12 years, she is now threatened with being put out of that home. If we were serious, even under the existing legislation, we should be able to deal with such situations, but we are not doing that. Every one of us here, as public representatives, is well aware of the extent of the problem in relation to subventions. It is not good enough for the Department to say they gave more money this year than they did last year. The fact remains that there are people worried out of their minds because they cannot get into a home.

I would ask the Minister not to delete section 54 because it gives a lot of powers and leaves the Bill much stronger. Section 7 (2) reads:

The Minister may be regulations prescribe the amounts that may be paid by health boards under this section and such amounts may be specified by reference to specified degrees of dependency, specified means or circumstances of dependent persons or such other matters as the Minister considers appropriate.

This is discretion and as far as I am concerned it weakens this aspect of the Bill. In many ways it leaves the responsibility to the Eastern Health Board to decide whether people would be entitled to this care. That in itself is not going to improve the situation generally. The Bill provides that the health board shall be responsible for the care and maintenance of the elderly. I ask the Minister in respect of those two sections to look again at that provision. If we are trying to meet the needs of the community at large and the senior citizens, we must be stronger and not leave a discretionary right with the Eastern Health Board or any other board to deal with it in that manner. Going through the Bill section by section in that regard we have to classify that the people out there are professionals, and that is not coming across in the Bill.

The Bill places a statutory duty on health boards to license nursing homes and maintain a register of licensed nursing homes. Nobody could disagree with that and I am delighted that at long last we are going to have some sort of care, responsibility and control.

I had intended to refer to the next section of the Bill but I use the opportunity this evening to bring the points I have made to the Minister's attention. On behalf of the Labour Party I welcome the Bill and I hope that when we come to the next Stage the Minister can look at all aspects of contributions from all sides of the House and that he will take cognisance of what we are saying.

I welcome the opportunity to make a contribution on this necessary Bill. Care of the elderly has become very important in our society. As I see it the most efficient and caring way to go about this task is a joint approach by the Department of Health, the health boards and the people involved in the health care business. I would like to see this Bill provide the right opportunities whereby those involved in health care can give to the elderly a service of a high standard and an individual nature. Those involved in this business at the same time must be given the right motivation and assistance.

I would like to see building grants made available from the Department of Health to people who are prepared to provide the service and accommodation for the care of the elderly. If a private party satisfies a health board about the necessary standards to provide much needed and modern accommodation for the care of the elderly, then in such case some assistance should be available in the provision of accommodation, namely, a building grant. This can only improve the quality and standard of accommodation in efficiency, comfort, safety, etc. This is what the elderly deserve.

One aspect of care of the elderly that is sometimes forgotten is that at present in both urban and rural Ireland many old people live in constant fear. Unfortunate people who live on their own have been subjected to attacks when thugs have broken into their houses and robbed them of their possessions. In some cases if suitable accommodation was available nearby for those elderly people I am sure they would avail of it. It is, therefore, a most urgent matter that the Department of Health and the health boards give the lead and assistance in every way to the people who are giving the necessary service and those who are prepared to do so. One of the saddest sights and one which is most annoying is that of an elderly person shaking with fear as a result of attack from thugs. While the Garda have done their utmost to deal with this scandal, the surest way for the State to care for the elderly is to see that accommodation of the highest quality is provided and the highest standard of care exists. I know there are elderly people who prefer to live in their own homes, but for those who prefer otherwise accommodation should be available.

I welcome this Bill and I impress on the Minister the need to consult with and listen to the views of people involved in the care of the elderly.

I welcome the support for the Bill on all sides of the House and I thank the Deputies who contributed to what has been a very constructive debate. There has been an indication of the concern and the caring approach and sensitivity which we as Members of this House have for the elderly in our society. Most of the Deputies have spoken about the good balance achieved in the Bill to improve safeguards for the public and to provide a fair system for the owners of the nursing homes.

In the time available to me I would like to deal with some of the points made in the earlier stages of the debate and this afternoon. Deputy Yates asked if we had a policy towards the elderly. As he is aware, The Years Ahead — A Policy for the Elderly sets out a comprehensive framework for the development of services for the elderly into the next century. The Government have accepted that report and we are in the process of implementing it. Health boards have been asked to prepare detailed plans to implement the recommendations of the report. These plans will be examined by my Department and priorities identified. My Department will work closely with the health boards to implement these plans in the coming years.

It is a very important principle of our policy towards the elderly that as far as possible they should be supported at home and be able to remain in their own community. When ill, elderly people should have the same access to acute medical services as younger people. If an elderly person becomes so dependent that he or she can no longer be cared for at home or in the community, that person should be able to avail of a high standard of nursing care in a health board institution or in a private or voluntary nursing home.

Deputy Howlin suggested that health boards might use nursing homes on economic grounds only. This is not my intention. The need for nursing homes was endorsed in the report of the working party, The Years Ahead — A Policy for the Elderly. Nursing homes provide patients with a choice of care setting. They give health boards greater flexibility in meeting the needs of dependent people. They will continue to provide an indispensable level of services for the elderly.

A number of Deputies asked why certain categories of institutions were excluded from the Bill, for example, maternity homes and mental hospitals. They are both subject to registration and inspection under separate legislation. Institutions managed by, or on behalf of, a Minister or a health board are not included because they are already subject to a statutory and publicly accountable system of management. Of course, health boards in their homes and hospitals for the elderly will be expected to provide a standard of care that would at least equal those to be set out in the new regulations for nursing homes. The Bill also excludes care by a family member of another family member such as a child caring for a parent or a spouse. In the same way a religious community caring for its members is excluded; the community is really the family of the members of the religious order and it would not be appropriate, in my view, for this Bill to include them. Children's homes have been included because the Children Bill will establish a statutory framework for the registration of these homes. Voluntary homes for the mentally handicapped, which are in receipt of grants from the Department or a health board, have not been included because it is considered that the existing supervision of the homes is adequate. Profit making homes for the mentally handicapped will be included under this Bill. Acute hospitals are excluded; in other words hospitals where patients are receiving acute medical care under the supervision of a registered medical practitioner, not a general practitioner, as suggested by Deputy Yates. This provision is designed to exclude acute hospitals from the scope of the Bill under section 2 (1) (vi).

Acute hospitals and nursing homes serve different purposes. The purpose of an acute hospital is intensive medical investigation and treatment for patients who generally stay for a short period. A nursing home provides nursing care for dependent people, usually for a considerable period. This Bill is concerned to ensure high standards of care in such homes. I believe there are already adequate safeguards in acute hospitals to ensure high standards of nursing care. It was suggested that facilities provided for alcoholic and drug addicts might be included but the primary purpose of these centres is not to provide a nursing service; the emphasis is on counselling, self awareness and self help and not on nursing care. For this reason they have not been included.

A number of Deputies also suggested that the Department of Health, rather than the health boards, should be responsible for the administration of the provisions of the Bill. A view was expressed about the ability of health boards to apply the agreed standards equitably and consistently across the country. I believe it would be inappropriate for my Department to take on the responsibilities suggested by a number of Deputies, including Deputy Yates. The Department is primarily concerned with policy formation, financing and reviewing the performance of those agencies which deliver the services. The health boards are statutorily responsible for the provision of health and personal social services in their areas. We are recognising both the statutory position and the practical working arrangements in proposing that health boards will act as a regulatory and monitoring authority in relation to private nursing homes.

The staff of health boards have the expertise, the local knowledge and the integrity to discharge these functions and it would not, in my view, be either efficient or helpful to involve the Department in this work. I am, of course, concerned to ensure that agreed standards of assessment, provision and care are applied equally right across the country. My Department are already involved with officers of all the health boards in a working group who have been monitoring the implementation of the 1985 regulations and who are now examining the implications of the proposed legislation for the boards as the licensing authority. This group will be consulted on the content of the new regulations, the preparation on a code of good practice for nursing home care and in drafting guidelines on the implementation of the new regulations. Other interested parties will also be consulted fully about the regulations and the code of good practice and, indeed, the matter of regulations was raised a number of times here this evening. I would like to tell the Deputies that on Committee Stage we will discuss the outline of the regulations we have in mind.

I will consider whether we should not maintain a standing committee who would help co-ordinate the way in which all health boards discharge their responsibility to the elderly requiring nursing care. I will also consider the role the National Council for the Aged can usefully play in this area.

Deputy Sherlock suggested that the requirement on health boards to carry out assessments of dependency and means of a person could cause unnecessary delay. The Bill emphasises the importance of assessment in the new system of subvention. However, it should not result in undue delay. The kind of assessment envisaged will be modelled on the examples given by Deputy Yates, the involvement of those most directly concerned with the elderly person, for example, the general practitioner and the public health nurse. I referred in my speech last week to the modern methods of assessing dependency. A working group are at present drafting an assessment form which will be used in all areas to establish the dependency of a person. This will ensure that people with similar needs will be assessed in the same way whether they live in Tralee, Letterkenny or Cork. Geriatric physicians will continue to have an important role in monitoring assessment procedures but they may not need to be involved to the same extent in individual assessment.

Some Deputies raised the question of the qualification of health board staff involved in monitoring standards in nursing homes. I can assure Deputies that health board inspectors are highly qualified professional staff, mainly nurses assisted by environmental health officers and area medical officers where necessary.

Concern was also expresed about access by health board officials to nursing home records. Indeed, Deputy McDaid expressed concern on this issue. Under the present regulations nursing homes are obliged to keep records about patients, staff, fire procedures and equipment. The only person who would have access to the medical part of the records would be a salaried medical officer of the health board or the registered general practitioner with whom the patient was registered. Some concern was expressed that under the Bill health boards will not be in a position to monitor nursing homes effectively. Health boards are already doing this on a regular basis and I am satisfied that they will be able to carry out the work efficiently.

Deputy Fennell suggested that the health boards do not have the power to inspect nursing homes at present. They do have the power as Deputies are aware from some of the decisions and, indeed, there was a court action brought by the health board where a nursing home was in breach of the 1985 regulations. The existing regulations governing the standards of care in nursing homes have been in place since 1985. Most private homes meet their requirements in the main. This Bill provides that these regulations will continue to have effect until new regulations are prepared. The new regulations will take account of developments, or the standards of care and of the new measures included in the Bill. I do not think that any nursing home which meets the existing requirements need worry about this Bill.

Deputy Byrne sought a further provision on the regulations under the Bill but, as I said, while I will not be in a position to circulate the draft of the regulations for consultation prior to the enactment of the Bill, it is my intention on Committee Stage, to give the House a very clear picture of the general range of the regulations. Prior to the making of the regulations and after the Bill is enacted, the widest possible consultation will be held with all the various interests.

I do not have time to deal with all the individual issues that were raised by Deputies. I would like to thank them for their contributions and I want to assure them that we have taken note of all the matters that were raised by each Deputy who contributed to the Bill. I can assure them we will be studying the various contributions carefully. When we come to Committee Stage we will go through the Bill section by section. As has been suggested by a number of Deputies, including Deputy Durkan, we will take on board any amendment that is reasonable. We want to provide, as I am sure Deputies from all sides of the House would want, the best possible legislation to ensure that we have the highest standard available for our elderly people in nursing homes throughout the country.

Finally, I would like to pay a tribute to the officials in my own Department who worked so hard in the preparation of this legislation after it was decided on and agreed by Government. I look forward to continuing constructive debate on Committee Stage. Deputies will find the Government amenable to any worthwhile amendments.

Is the Minister saying that we are likely to pass this Bill which will repeal section 54 of the 1970 Act without knowing what will replace it?

Section 54 in the 1953 Act will not be repealed, while section 54 in the 1970 Act will be repealed. We will be discussing what is to replace it on Committee Stage.

Question put and agreed to.

May I ask when it is proposed to take Committee Stage?

This day three weeks, subject to agreement between the Whips.

Committee Stage ordered for Tuesday, 12 December 1989.
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