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Dáil Éireann debate -
Tuesday, 7 Nov 1995

Vol. 457 No. 7

Written Answers. - Reporting of Child Abuse Case

Máire Geoghegan-Quinn

Question:

121 Mrs. Geoghegan-Quinn asked the Minister for Health when the ad hoc interdepartmental committee which is examining the introduction of mandatory reporting of child sex abuse cases will be formed; the number of members of that committee who are professionals in the area of childcare; and if he will make a statement on the matter. [16237/95]

As I advised the House on 24 October last in response to a question from the Deputy, I have already established an ad hoc group, comprising officials from the three Departments for which I have responsibility — Health, Education and Justice — to prepare a draft discussion paper on mandatory reporting before the end of the year. The membership of the group includes the social work adviser from the Department of Health and a senior psychologist from the Department of Education. I do not think it necessary to involve other professional interests at this stage as I intend that the discussion paper will serve as a basis for wide-ranging consultations with all relevant professional groups involved with children and other interested parties.

Máire Geoghegan-Quinn

Question:

122 Mrs. Geoghegan-Quinn asked the Minister for Health the number of nursing homes reported for breaches of the Nursing Homes Act in each health board area; the nature of such breaches in each case; the name of each nursing home and its location; where the nursing home was found to be in breach of the Act, the action, if any, taken in each case; and if he will make a statement on the matter. [16238/95]

Frances Fitzgerald

Question:

124 Ms F. Fitzgerald asked the Minister for Health if he has satisfied himself with the inspection of nursing homes carried out by the various health boards under the Nursing Homes Care and Welfare Regulations, 1993. [16258/95]

Limerick East): I propose to take Questions Nos. 122 and 124 together.

The Health (Nursing Homes) Act, 1990, assigns responsibility for the inspection of nursing homes to health boards. Articles 23.1 to 25.3 of the Nursing Homes (Care and Welfare) Regulations, 1993, give health boards power to inspect nursing homes and premises believed to be nursing homes.
Under the Act all nursing homes are obliged to register with a health board. Before placing a nursing home on the register, the health board must inspect the home to ensure it conforms with the required standard of staffing, accommodation and design. The regulations require the health boards to inspect all homes at least once every six months. The boards may visit at more frequent intervals where this is felt necessary. If a nursing home does not comply with the regulations, the health board may attach a condition to the registration that the problem be resolved, may refuse or revoke registration or may prosecute the proprietor. In certain conditions, the health board may assume the management of the home. The regulations also introduce, for the first time, a formal complaints procedure whereby a health board must investigate complaints received about a nursing home.
At 30 September 1995 a total of 344 private and voluntary nursing homes had been registered by the health boards. Of these a small percentage, namely 3 per cent, has been found to be in breach of the Health (Nursing Homes) Act, 1990, and the Nursing Homes Regulations, 1993. One nursing home was refused registration by the Eastern Health Board for non-compliance with the Act and its decision was upheld in the District Court. The Midland Health Board has assumed temporary management of a nursing home in its area. The Western Health Board has prosecuted two nursing homes which were convicted and fined for breach of the Act and the regulations. The Southern Health Board is currently investigating a nursing home for alleged breaches of the Act. I do not think it would be appropriate to name particular nursing homes at this stage as some of the breaches are currently under investigation by the relevant health boards and it would not be proper of me to comment on what are essentially health board functions. However, I assure the Deputy that the health boards view any breach of the Act and Regulations in a very serious light and all complaints are investigated without delay. The health boards inform me that, where breaches have been identified, the nursing home owners concerned, in general, have co-operated fully in meeting the standards laid down by the Act and regulations.
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