Bernard Allen
Question:133 Mr. Allen asked the Minister for Health if a directive has ever been issued to the Southern Health Board limiting the number of places which can be subvented in St. Martin's Home, Cork, to 40 places.
Written Answers. - St. Martin's Home, Cork.
Bernard Allen
Question:134 Mr. Allen asked the Minister for Health if St. Martin's Home, Cork is considered an approved home which qualifies for supplement under section 54 of the Health Act, 1970; and if there are any limits imposed on the number of places which are approved for subvention.
I propose to take Questions Nos. 133 and 134 together.
The number of places which a private nursing home provides is a matter to be determined by a health board under the Health (Homes for Incapacitated Persons) Act, 1964, and the Homes for Incapacitated Persons Regulations, 1985. In 1987 the Southern Health Board conducted an inspection of St. Martin's under section 2 (1) of the Health (Homes for Incapacitated Persons) Act, 1964. The board came to the conclusion that it was overcrowded and they imposed a limit of 40 on the number of patients to be accommodated in the home. At that time, St. Martin's was a home approved by the Minister for subvention under section 54 of the Health Act, 1970.
No directive was issued from my Department limiting the number of places in the home as this was the responsibility of the Southern Health Board as outlined above.
St. Martin's Nursing Home is no longer in operation. In 1990 the proprietor purchased a larger nursing home, known as St. Mary's and transferred the 40 patients from St. Martin's to St. Mary's. On 1 March 1990 the Minister approved the transfer of approval under section 54 of the Health Act, 1970, in respect of 40 beds from St. Martin's to St. Mary's Home.
Following a judicial review of the Minister's decision in the High Court, Justice Barr, in a judgment of 4 February 1991, was satisfied that the Minister's approval of St. Mary's Home, subject to a maximum of 40 patients, was within the ambit of the powers granted to the Minister under section 54 of the Health Act, 1970.