I move amendment No. 4:
Before Section 2 to insert a new section as follows:
"(1) The Minister shall effect the registration of any person or persons in respect of an incapacitated persons' or old persons' home under this Act and shall issue a certificate in respect of each home, subject to such conditions (to be specified in the certificate of registration) as he may consider appropriate for securing—
(a) that the number of persons received in the home and in particular rooms in the home at any one time does not exceed such number as may be specified in the certificate of registration;
(b) that the rooms occupied or to be occupied by persons in the home are suitable in all respects for such persons;
(c) that a person with such qualifications or experience as may be specified by the Minister is in charge of the home and of the persons employed thereat;
(d) that the administration of sedatives and injections is carried out only by qualified persons and that a register of stocks of drugs be kept in the premises and be available for inspection by a medical practitioner or by the person or persons authorised to inspect the premises;
(e) that the home is adequately staffed both as respects the number and as respects the experience of the persons employed thereat and is adequately heated, lighted, ventilated and equipped with suitable fittings, furniture and equipment;
(f) that suitable accommodation (including washing facilities and sanitary conveniences) is provided in the homes;
(g) that the person carrying on the home shall take all reasonable steps to satisfy the Minister that his requirements as to staffing, qualifications and experience of staff and cleanliness of the premises are being complied with;
(h) that the premises, fittings, furniture and equipment used in connection with the home are adequately maintained;
(i) that the persons received in the home receive adequate care and attention;
(j) that there are adequate arrangements for feeding persons received in the home and that an adequate and suitable diet is provided for them;
(k) that records are kept in relation to the persons received in the home containing such particulars as may be specified by the Minister;
(l) that an adequate properly trained inspection staff be appointed by the Minister, or by the health authorities under the direction of the Minister, with authority to enter such homes or premises for the purpose of ensuring that the requirements of this section are complied with.
(2) The Minister shall cause to be drawn up a register of all homes for incapacitated persons and old persons, copies of which register shall be available on request from the Department of Health or from the local authority.
(3) Any person aggrieved by a condition subject to which registration is effected under subsection (1) of this section may appeal to the Courts and on any such appeal the Court may confirm, reverse or vary such condition.
(4) A person authorised under subsection (1) (1) of this section to inspect premises may visit and interview in private any person in the home—
(a) for the purpose of investigating any complaint as to his treatment made by or on behalf of the person, or
(b) in any case where the person so authorised has reasonable cause to believe that a person in the home is not receiving proper care.
(5) Where, in relation to a home, there is a contravention of a provision of this section, the person carrying on the home and any person concerned with the management thereof shall be guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding fifty pounds, and, in the case of a continuing offence, to a further fine (not exceeding fifty pounds in all) not exceeding five pounds for each day on which the offence is continued or, at the discretion of the Court, to imprisonment for a term not exceeding three months or to both the fine or fines and the imprisonment.
(6) (a) Where a person is convicted of an offence under this section, the Court may, either in addition to or in substitution for the penalties referred to in subsection (5) of this section, by order declare that the person shall be disqualified during such period as may be specified in the order for carrying on, or taking part in the management of, the home to which the conviction related or, at the discretion of the Court, any home.
(b) A person in respect of whom an order is made under this subsection shall not during the period specified in the order carry on, or take part in the management of, the home specified in the order or any home, as the case may be.
(c) A person who contravenes paragraph (b) of this subsection shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding fifty pounds and, in the case of a continuing offence, to a further fine (not exceeding fifty pounds in all) not exceeding five pounds for each day on which the offence is continued or, at the discretion of the Court, to imprisonment for a term not exceeding three months or to both the fine or fines and the imprisonment.
(7) A person who wilfully obstructs the execution of a provision of this section shall be guilty of an offence and shall be liable, on summary conviction to a fine not exceeding fifty pounds and, in the case of a continuing offence, to a further fine (not exceeding fifty pounds in all) not exceeding five pounds for each day on which the offence is continued or, at the discretion of the Court, to imprisonment for a term not exceeding three months or to both the fine or fines and the imprisonment."
The amendment is already in the hands of the members so I do not propose to read it through.
I have a feeling that in our thinking on this Bill, the Minister, myself and my colleagues came very close to full agreement as to what was necessary to make the Health (Homes for Incapacitated Persons) Bill, 1963 an incisive weapon capable of cutting through red tape and outmoded practices and leaving only a number of simple, clearly-stated conditions and rules which would safeguard our infirm aged and incurably ill persons who, for any reason, have had to be placed in the homes to which this Bill relates.
I can see clearly the Minister's mind moving to build his bridge to bring these helpless people across a chasm of neglect to a haven of safety. What, I ask myself, caused the Minister to leave the bridge only half built?
The amendment now before us is the other half of the bridge which the Minister should have completed. With the resources and advice available to him he could have built the entire bridge much better than we can. Unless the Minister is prepared to put in the steel girder of registration right across the gap, I feel his bridge, this Bill, is unsafe and will not serve the purpose for which it was sought.
With the registration of these homes the Minister and his inspectors will have a map before them with all the institutions clearly marked. Having this, he can do his job as Minister for Health in a more efficient manner and ensure that through his inspection staff, whether operated through the local authorities or otherwise, all homes will be inspected at some time or another in the course of a stated interval of time.
I do not think it is necessary that I should go through the various clauses of the amendment. I have endeavoured to make them as clear and concise as possible. Some of them are, in fact, taken from the list of things the Minister proposed to take power to do by regulation. I feel, however, that the safest way to ensure their being operated is to have them written into the Act for all to see.
Perhaps I should mention clause (d). The Minister thinks I am unduly cautious on the question of the availability and administration of drugs. I would ask if anyone can be over-cautious where a human life is concerned. An inexperienced person might think a particular drug took too long to act and might, as we say, double up, or a person, with various other duties to do, might forget that a tablet had already been given and give another. A qualified person would hardly be likely to make such errors. For various obvious reasons, too, there is need for the keeping of a register of drugs which, as the amendment says, should be available for inspection by a medical practitioner or other authorised person. Perhaps, too, it might be wise to have a record of the supply source of all drugs.
Subsection (2) of the proposed new section would enable persons to obtain a list of registered homes. This would serve as a guide to persons seeking accommodation for an infirm relative and make it more difficult for an unscrupulous person to take a chance and receive an invalid or two in unsuitable places under cover of saying nothing about it.
Subsection 4 (a) and (b) introduce a subject which is, I feel, absolutely necessary to ensure peace of mind for patients and relatives. The provision for inspectors to interview patients in private is an extra safeguard that they will receive proper care and attention. The provision will not cause inconvenience to anyone and will not add to the cost of running the homes.
Subsections (5) to (7) are the provisions which the Minister has already put in the Bill, as circulated, with a few minor changes to suit the amendment which I hope the Minister will accept.
I hope the Minister will not say I am asking too much. I am merely trying to improve his proposals in some cases and add a few essentials here and there. If he will give a good look at my amendment, I feel sure he will agree it is quite reasonable and if he is honest with himself. I do not think he can throw it overboard. My colleagues and I, however, cannot be satisfied if he still merely wants to take power to make regulations. We feel we must insist on the most important stipulation in the amendment which is, that the Minister must effect the registration of any person who undertakes to run or, in fact, is at present running a home for persons for whose care and safety this Bill was sought. Without registration, the Bill goes only half way towards solving the problem and half way is not far enough.
We do not claim our amendment covers all that is necessary to make the homes perfect but it would improve the Bill before us and would not add to the cost of the Bill as introduced. Perhaps, the Minister feels he should have the right to make regulations to cover other essential matters which our amendments may have omitted, such as fire protection, etc. We would have no objection to his taking that power so long as the requirements set out in our amendment are written into the Bill.
If I seem to be pressing this matter too persistently or to appear to ask too much for our aged and infirm people, I would ask the Minister and the House to recall a few words from a speech made not so long ago in this building and now holding especial poignancy for all of us:
"We need men, who can dream of things that never were and ask why not?"