The Minister for Health must take action and use his powers to prevent any more scandals of the kind that have beset the residents of Clonmannon retirement village in Ashford County Wicklow. The saga is well known — the sorry sequence of events involving shoddy business practice, the harassment of elderly residents, the cutting off of essential services and other unacceptable actions taken against people who are elderly, frail and in certain cases ill. Since the dispute began a number of the residents have died and others have been forced to move out. A place which promised to provide safety, refuge and services for elderly people has become a nightmare. Public lighting was cut off, electricity supply to the sewerage system was cut and, at one point, the water supply was cut off.
People in County Wicklow were shocked at the way these elderly residents could be terrorised with impunity. The situation is so grave that thousands of local people, supported by all the local churches, supported a petition to protect the residents. For over a year the affair at Clonmannon was the subject of media comment. There have been tribunal hearings in relation to the workers gaining their legitimate rights. In February a deputation from the village met the Minister of State at the Department of Enterprise and Employment, Deputy Mary O'Rourke. There have been court hearings and Employment Appeals Tribunal hearings. Eviction proceedings have begun against the residents.
After a lengthy and sustained campaign on the part of residents and supporters the Minister for Enterprise and Employment finally sent in an inspector under the provisions of the Companies Act whose investigation continues.
The single most shocking feature of this affair is the failure of existing legislation to protect the elderly residents. When they sought help from the State it was not forthcoming. This is no criticism of staff working in the statutory bodies who did their best. The needs of elderly people who might find themselves in the future in such a vulnerable position can be met only if the Minister for Health uses the powers granted him by this House. The implementation of the provisions of the Health (Nursing Homes) Act, 1990 made a major difference to standards in nursing homes but the elderly residents of Clonmannon are not protected even though many of them are old, sick, frail and vulnerable. Surely they are entitled to the same protection as their friends and relations living in nursing homes? If they do not have that protection, we shall be looking at a very serious repetition of the Clonmannon saga elsewhere.
Retirement villages are a growth industry and the world is full of unscrupulous businessmen who can and will exploit the opportunity that lack of regulation offers them. The Minister has power, under section 2 (2) of the Health (Nursing Homes) Act, 1990. If he becomes of opinion that the provisions of the Act should apply to a category of institution for the care and maintenance of persons he may, by regulation, amend the definition of "nursing home" to bring them within the scope of the definition contained in the Act. The Minister has an obligation to do so in view of the cruel, vicious regime the Clonmannon residents have had to endure. If he does not do so a clear signal will go out to every gangster and fly-by-night operator that there are easy pickings in the retirement village business in Ireland, in the exploitation of elderly people who deserve better and who are entitled to the protection of the State.
