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Dáil Éireann debate -
Wednesday, 7 Mar 1990

Vol. 396 No. 7

Health (Nursing Homes) Bill, 1989:Committee Stage.

With your indulgence, Minister, and the indulgence of the House, I am required to advise as follows. Consultations have already taken place in respect of the amendments. It is proposed the following amendments be taken together for the purpose of discussion: amendments Nos. 2, 5, 20 to 28, inclusive, 30, 53 to 55, inclusive, 59 to 61, inclusive, 63, 83 and also the proposal to delete section 8. This comprises the composite proposal by the Minister and alternative amendments Nos. 21 to 25, inclusive, 27, 53 and 54.

It is further proposed that amendments Nos. 1 to 16, inclusive, to amendment No. 26, amendments Nos. 1 and 2 to amendment No. 28,. and amendment No. 1 to amendment No. 30, be discussed when amendments Nos. 26, 28 and 30 — which will already have been discussed — are formally moved. These amendments to amendments should not be discussed in the main discussion on amendment No. 2.

The proposed groupings of these amendments to amendments are as follows: amendments Nos. 2 and 3 to amendment No. 26, amendments Nos. 4 and 7 to amendment No. 26, amendment No. 5 to amendment No. 26 and amendment No. 58, amendment No. 15 to amendment No. 26, amendment No. 2 to amendment No. 28 and amendment No. 1 to amendment No. 30. All other amendments to amendments are proposed to be discussed individually.

It is very straightforward.

He who is in full comprehension of what I have just announced, let him rise.

For the information of the House, on Second Stage a number of Members recommended and a number of people involved in nursing homes said they would prefer if nursing homes were subject to registration rather than licence. We have acceded to the wishes of the majority in this House and have brought forward an amendment. The major amendment to section 4 deals with licensing and we are asking the House to agree that it should be registration in the future rather than licensing. The reason all these amendments are coming together is that most of them are consequential on the major amendment to section 4.

The Minister has rightly outlined the substantial changes here. However, in relation to the proposed groupings of the amendments, as the Minister said the most substantial change is amendment No. 26 in the name of the Minister, which is the longest change and sets out a new section 4. I cannot understand how we are taking the first grouping together without including amendment No. 26, as that is the bones and the meat of what we are talking about. I fail to see how we can deal with amendment No. 2 — which deletes the definition of a "licence"— and amendment No. 5 which defines "register" and "registered pro-prietor"——

I am sorry Deputy. The list which I read out was that amendments Nos. 2, 5, 20 to 28, inclusive——

It includes amendment No. 26?

An Leas-Ceann Comhairle

Yes.

I endeavoured this morning to follow this and I had a meeting with some of the officials of the House, and after some struggling I understand not only the proposal but the reasoning behind it. I never cease to be amazed by the dexterity and ability of the officials of this House to order the chaos that is presented to them by all of us. I compliment the staff of the House for putting order on what could have been a conflicting and confusing array of amendments.

I welcome the Minister's conversion to the views expressed by all of us on Second Stage, and I look forward to getting into the meat of the argument which is contained in the Minister's own amendment which supplants the old section by the new section.

An Leas-Ceann Comhairle

The Chair appreciates the comments made by Deputy Howlin. We seldom express our appreciation but Deputy Howlin has now done so and we thank him for that. Let us proceed in the two minutes remaining to formally move an amendment.

SECTION 1.

I move amendment No. 1:

In page 2, subsection (1), between lines 20 and 21, to insert the following paragraph:

"(c) old age,".

This is a very simple and straightforward amendment and I hope the Minister will accept it; I see no reason it should not be accepted. Many people who go into old persons or retirement homes do not necessarily have any physical or mental infirmity but may decide that it is in their best interests to do so.

I am sorry to interrupt the Deputy but it is now 1.30 p.m.

Progress reported; Committee to sit again.
Sitting suspended at 1.30 p.m. and resumed at 2.30 p.m.
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