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Seanad Éireann debate -
Tuesday, 29 Oct 1996

Vol. 149 No. 2

Health (Amendment) Bill, 1996: Committee and Final Stages.

Section 1 agreed to.
SECTION 2.
Question proposed: "That section 2 stand part of the Bill."

Section 2 proposes that health boards co-operate with each other, local authorities and other bodies. I welcome this measure and the Bill. We will be as helpful as possible on this side of the House in passing the Bill today.

As regards co-operation between health boards and other authorities there is often an unhelpful level of secrecy. I would like to see more openness where information is requested. I know of instances where bland and often limited replies were given. I hope that the level of co-operation proposed in this Bill will include an openness to give information to local authorities, who often have members on health boards.

On section 2, the Minister said on Second Stage that voluntary hospitals and mental handicap agencies will be funded by the health boards rather than the Department. I refer specifically to the question of public voluntary hospitals. We know that for years there has been a failure to have a common selection procedure. How does the Minister propose to bring this about under section 2?

Limerick East): I will reply to Senator Finneran on the issue of co-operation between the local authorities and the health boards. He also referred to health boards providing accurate information when asked.

Section 5 of the Local Government Act empowers local authorities to represent the interests of local communities in such manner as they think appropriate, and to ascertain and communicate to other public bodies, including the health boards, the views of the local community in relation to functions of those authorities. Section 2 of this Bill imposes a statutory obligation on the health boards to co-operate with local interests and, in particular, to co-operate with local authorities and co-ordinate their activities with them.

It seems that the local authorities acting under section 5 of the Local Government Act and the health boards acting under this Bill will be placed in a position where they will have little choice but to formalise their relationship because, once the statutory obligation is put on the health board to co-operate, it must find some mechanism for formalising that obligation. It seems we could easily move back to what Senator Sherlock requested on Second Stage, that is, the reestablishment of a committee which would be the vehicle for the local authority to fulfil its statutory obligations under section 5 of the Local Government Act and the vehicle for the health board to fulfil its statutory obligations under section 2 of the Bill. I do not want to get involved in dictating the detail but it seems very likely that this obligation will need to be delivered by the health boards in a structured way and that an informal liaison arrangement would need to be formalised because, as the Senator mentioned, the present informal liaison arrangement does not always work.

In terms of providing information, a majority of health board members are local authority members and we are all familiar with the manner of the appointment of health board members and the different constituencies. I have no plan in changing the Eastern Health Board, for example, to diminish that majority position of the locally elected members. When a locally elected member puts down the question under the standing orders of the individual health board, there is a legal obligation on the chief executive officer to provide accurate information. There is an interest wider than simply the membership of the board and it runs back into the wider local authority, which is the level of government closest to the people.

The combination of the two sections to which I refer under the Act and the Bill will make it very difficult for a health board not to have some form of arrangement. I would advise Senators to take up the matter locally either through the health board or the local authority once this Bill passes through the House because this is quite a strong section.

On Senator Sherlock's question about voluntary organisations and the new relationship, the present position is that when it comes to funding health services the health boards are given block grants which they carve up and subdivide into the different areas of their activity, including the acute hospitals under their remit. However, the voluntary organisations for physical or mental handicap, for example, and the big voluntary hospitals are not funded through the health boards but directly from the Department of Health. Outside Dublin and Cork, that comes down to arrangements being made with the Sisters of Charity, the Daughters of Charity. various voluntary groups, section 65 loans, etc., with which Senators will be familiar from their work on health boards. When it comes to Dublin, the Mater Misericordiae, St. Vincent's Hospital, St. James's Hospital, and all the big hospitals not funded from the Eastern Health Board, they are funded vertically from the Department of Health with which they must negotiate.

The policy enunciated by the Minister's predecessor, Deputy Howlin — and this is also my policy — is the health strategy which states that we will change the funding arrangements so that everybody will be funded through the local devolved authority. In most cases, that will be the health boards as they exist at present, although I have made a commitment to change the structures in respect of the Eastern Health Board and I will do so.

That is the big change. Many voluntary organisations which had a good relationship traditionally with the Department of Health asked if they will be disadvantaged. Relationships have been built up over the years with hospitals run by health boards. Hospitals, such as St. John's in Limerick, Portinuncla, the Bons Secours in Cork or the other large hospitals in Dublin, could say it will take time to build those relationships and that they need some protection. I accepted amendments in the Dáil to ensure the voluntary organisations had statutory rights under this section.

When I amend the legislation governing health boards, part of it will be to ensure the voluntary sector is represented on the boards as another constituent part in the way other groups are represented. That is a major change which will take time to implement. There is no such thing as a Minister saying we will do all this on 1 January.

At present, in respect of the organisations for mental and physical handicap in the Mid-Western Health Board and the Midland Health Board areas, pilot projects have been developed to see if we can change the funding arrangement in 1997 but they have not been finalised yet. We started to look at Portinuncla Hospital and St. John's in Limerick as being the first in which we could negotiate a position where they would be funded by the health boards rather than by the Department of Health.

The objective is that the vertical relationship which exists would end over a period and that there would be lateral relationships with the health boards. It is easy to do this in health boards other than those in the east. The problem in the east is that there are huge voluntary hospitals in Dublin and we will have to handle this carefully to ensure every one is brought along with the change. That will result in the Department of Health being responsible for policy and it will have more time to dedicate to it. It will also be responsible for measuring the outcomes of the different hospitals to see if the taxpayer is getting value for money.

At present there are 66,000 people working in the health service while the number of staff in the Department of Health is approximately 320. Much of the time they are managing crisis situations. If there is a bout of flu in winter, all hands are on deck to sort it out. Insufficient time and resources are given to policy formation, another area which is vital is the measurement of outcomes. We can say a hospital is good but we do not have a way of measuring one institution against another. It frequently comes down to the quality of the bedside manner which might not necessarily be a valid measurement of how the hospital is performing.

I would like the Department to have the resources, time and focus to continue to develop policy based on the measurement of what is happening, particularly the measurement of outputs. We must recognise what the voluntary sector has done over the years. Fortunately it will continue to exercise a valid role. It is simply the funding relationship which is being changed and the voluntary sector has asked for the statutory provisions we have happily included.

I understand what the Minister said in that the relationship between the public and voluntary hospitals and the health board hospitals will be closer as a result of pilot projects. I was a member of the Southern Health Board for years where public and voluntary hospitals were funded directly by the Department of Health. Nobody had the authority to ask how that funding was expended and at the same time, the health board could have been broke.

(Limerick East): Government policy is that the voluntary and the statutory sector will be funded through the health boards, but it will take time before we can establish the necessary relationships. Because of the long tradition of the voluntary sector being funded directly by the Department of Health they have understandable concerns. One of those concerns is that there will be a statutory obligation on the health boards to consult with the voluntary sector. However, I do not believe that will be enough on its own. There are a number of representatives on health boards and we will have to give representation to the voluntary sector, which will include the large hospitals.

The reason I raise the question of openness and the availability of information is that a practice has crept in where there is one spokesperson for a health board who, in most cases, is the chief executive officer. I am not sure that is the way it should operate. I would prefer if the chairman of the board were the spokesperson. There is also a requirement on board members and medical practitioners, including nurses, restraining them from commenting in a number of cases. Although every chief executive officer does not implement this policy, it should be discouraged in all health boards. Surely, a practitioner on the board should be in a position to speak from a professional view point? A board member who is a member of a local authority should be entitled to speak at his local authority at a later stage. This practice should be discouraged. It is not helpful and it gives the wrong signals. The public is sceptical when such an approach is adopted.

(Limerick East): The board should speak for the health board. Sometimes that is the chief executive officer, the chairman or individual members in debate and when they reach conclusions, that is the policy of the board. Those on the board or who represent interests, such as union leaders, should be free to speak. However, these issues can be worked out. There was a concern in some health boards that unlike in any other organisation people felt free to criticise in public the organisation for which they worked. While we cannot have that there must be an outlet for legitimate criticism. Health boards are very democratic and all interests are represented.

Question put and agreed to.
SECTION 3.
Question proposed: "That section 3 stand part of the Bill."

This section relates to reserved functions and the provision and maintenance of a building. Some years ago health boards were told by the Department that they could not provide buildings or offices. However, they found a loophole and got other bodies to acquire the buildings which they leased back. Many local authorities have been getting a nice income from that, including my own. It is wrong to spend large amounts of money leasing premises which could be used for other purposes. If a health board needs extra space for administration or whatever, capital funding should be provided. This would stop health boards using their budgets as is happening at present.

I support Senator Finneran. I raised this matter some years ago because this situation makes no sense. In Cork city and in the northern division, where I could from, the health board leased premises. However, premises could have been provided through capital investment which would have saved the health board money. The health board's leasing arrangements were too liberal in that it agreed to long leases which was a bad policy. Capital expenditure should be introduced.

(Limerick East): This situation is similar to that in local authorities where there are executive and reserve functions. The executive functions are vested in the chief executive and the reserve functions are vested in the authority. The main reserve functions are for members and include the adoption, supervision and amendment of service plans, the appointment and removal of the chief executive officer, the purchase and disposal of assets and the borrowing of money and decisions to discontinue the provision and maintenance of any premises. It is a reserve function of the board to decide what premises should be provided and maintained. The elected members, rather than the chief executive, would have the primary function in the situations referred to by Senator Finneran and Senator Sherlock.

Senators should also be aware of the provisions in section 18 when discussing section 3 because the Department will no longer be involved in the purchase and sale of land by the boards. At present, if a health board decides to dispose of a building or land not required, like a local authority, it will be included on the agenda at the health board meeting and it will be nodded through as the last item because, although everyone believes it has been done properly, it still must be done in public as it relates to the disposal of an asset. The legal section of the health board will then send it to the Department of Health which advises the Minister on whether it should be signed. The Minister then signs off a health board asset worth £3,000 or £4,000. That practice should be discontinued and the health board should make the decision in public. As it would be a reserve function of the board, it would have to be included on the agenda.

This situation arises when a house, which is no longer required for staff, is being disposed of near a hospital or tracts of land are being disposed of in a certain area. As we make more progress in relation to the appropriate placement of persons with psychiatric illnesses, assets, usually large obsolete buildings with large tracts of development land, will become available to most health boards. The health boards must decide how to dispose of that. There is no point in a Minister for Health second guessing local members who are already carrying out the function.

Is the Minister saying the authority to lease property is a reserve function? I would welcome such a move.

(Limerick East): My understanding is that the provision and maintenance of any property is a reserve function. It does not say that must be provided by outright purchase, although if it is being provided by lease, a chief executive officer would be advised to put the matter before his authority.

Question put and agreed to.
Section 4 agreed to.
SECTION 5.
Question proposed: "That section 5 stand part of the Bill."

This section deals with the net expenditure of health boards which may cause difficulties in the future. While this Bill gives health boards more authority in that there will be less interference by the Department, the Minister is directly involved in their expenditure. If he is not happy with a health board's plan, he can ask for it to be amended and if that does not happen, he can ask the chief executive officer to bring forward a new plan. Everything will be fine while there is plenty of money available but in times of recession the Minister will ask for plans to be amended. This could lead to conflict because members may not be willing to support a plan which is less than what is needed because the amount the Minister has provided is not sufficient. A situation could develop where the Minister for Health and the chief executive officer would run the health boards any time there was a shortage of funds. Since this matter arises in a number of sections, perhaps the Minister could clarify it. Health board staff have told me that many health board members would find it difficult to tailor their plan to suit the amount of funds provided by the Minister.

The Minister said he is empowered to vary the determination at any time during the year to make additional funds available to meet the increases or to develop particular services or facilities. Perhaps he could clarify that. At this time of year many people may need dental treatment, as is the case in the Cork health board area. However, I understand there is a restriction on the amount of funding available. If circumstances change and it is obvious to the health board and the Minister that the budget is not sufficient to meet requirements, is there a provision in the Bill to allow the Minister to make extra funds available?

We have demand led schemes and schemes with set budgets. However, there are occasions, like that mentioned by Senator Sherlock and that raised by Senator Finneran on the Order of Business, where certain people would qualify for subvention under the Nursing Homes Act but the health board might not have the necessary funding. However, sometimes Ministers allocate extra funding — for example, to reduce the waiting lists. Perhaps the Minister could clarify these aspects of health board expenditure.

(Limerick East): Senators may be interested in the background. The provision was deemed necessary because of the situation which had emerged from the period 1986-89 when there were general cutbacks in Government expenditure affecting the health budget. When this was applied to health boards, instead of cutting back the service they ran overdrafts. Massive overdrafts were incurred by the health boards with no possibility of them being cleared; they totalled over £100 million by 1992-93. They had existed since the days of cutbacks in the late 1980s. had accrued large amounts of interest and there were no visible means of dealing with them because, by and large, health boards do not have other incomes. They rely on a block grant from the Department of Health and no allocation was made to clear the overdrafts.

It will be recalled that the second tax amnesty was successful in obtaining money which would not have been otherwise obtained. In the spending of this money, the previous Administration decided that £100 million would be allocated to clear the health boards' overdrafts. Part of the deal agreed at the time with the health boards was that accountability legislation would be enacted and that the possibility of running overdrafts as had happened in the late 1980s would be removed.

The position is that the Minister will make a determination at the start of the year and indicate how much money is available to each health board rather than allocating it in a piecemeal fashion as has been done in the past. The health board will be obliged to compile a service plan which provides the range of services the members of the board believe is necessary and matches it with the money available in the Minister's determination. It will be similar to local authority estimates.

There will always be rows about roads, water services and which sewerage schemes will be implemented. However, either by vote or by agreement, the local authorities will eventually agree the budget and the range of services to be provided. Until now health boards would know in general with a few specifics what the range of services would be, but there was always the feeling the Minister had more money and that a second allocation would be made in the middle of the summer and if all else failed, they could have an overdraft. The Bill is about better accountability, better financial management and a clearer definition of reserve and executive functions of the board and the chief executive officer with miscellaneous tidying up provisions.

What the Senator says is correct: there will be a determination from the Minister at the start of the year and a service plan will be drawn up in the knowledge of the determination. When money is available this will not cause grief, but if the economy were not doing as well as it is and cutbacks were needed, debates on the service plans for health boards would be fraught.

There is a provision in the section to cover points raised by Senators. Subsection (2), for example, empowers the Minister to make a determination in respect of a period other than the financial year. This would allow the Minister to make a new determination of expenditure to be issued to health boards if a mid-year review of expenditure were deemed necessary by the Government. It would also help for multi-annual budgeting. If the need for extra funding arose, subsection (2) will allow the Minister to make a second determination in the financial year so that money can be allocated again among the health boards.

Subsection (3) empowers the Minister to amend the determination by varying the amount of net expenditure the health board may incur in respect of a financial year. That would allow additional funds to be made available, for example, to meet an agreed pay increase. If a major pay claim was being negotiated and, at the time of the determination in January, a Minister was not sure how matters would turn out but would know by June, there would be a second determination or a variation on the first. It would be unfair not to point out that subsection (3) also allows the Minister to reduce the determination if a major fiscal crisis occurred mid-year.

It places more responsibility on health boards——

——to make the hard decisions.

(Limerick East): I do not think so because they will know their allocation and their service plans. There is much scope within service plans to allocate money. It could be argued in some health boards that more resources should be allocated to acute hospitals. These are the issues which individual members of boards will raise.

I wish to return to the reserve function and clarify a point made by Senator Finneran. The particular reserve function in question is section 38 of the Health Act, 1970, which states:

A health board may, with the consent of the Minister, provide and maintain any hospital, sanatorium, home, laboratory, clinic, health clinic, health centre or similar premises required for the provision of services under the Health Acts, 1947 to 1970.

It is the opening and shutting of the business rather than the purchase or leasing of the property which is the issue of the reserve function. It would be a reserve function of the health board to say that a hospital or home cannot be shut or opened without its agreement. That is where the emphasis is rather than on the provision of accommodation.

Does that mean the chief executive officer can still negotiate a deal on leasing with the county manager without the authority of the board?

(Limerick East): It would be a mild-mannered board which would not hold him accountable.

Everything was going well and the Minister was convincing me until he raised section 38 which puts a different perspective on things. Surely the Minister is not telling me that the functions under section 38 of the Health Act, 1970, are now to be transferred to the health board?

(Limerick East): They will be vested in the members as a reserve function.

I still require clarification and I will explain why. During the period 1988-89, the far sighted officers and members of the health boards, and perhaps some people in the Department, wished to close smaller hospitals and made a good attempt at it; they obtained a decision from a general hospitals subcommittee of the board to that effect. However, because they printed the minutes of that subcommittee, they were shown to be in breach of section 38 of the Health Act, 1970. We were able to go to the High Court with a very good barrister and argue that what was being done was ultra vires the Health Act, 1970, and that saved the general hospital. They had put into print what they proposed to do without reference to the Minister or to section 38 of the Act.

I am concerned we are now disposing of the Minister's power and that the board could make a similar decision.

(Limerick East): I raised the matter because purchasing and leasing were being discussed. Section 18 of the Bill makes purchasing the function of the local authority, not the Minister. In case I misled the Senator, I wish to clarify that the provisions of section 38 of the Act are a reserve function and it will be the elected members who will make the arrangements. The essence of the reserve function to which I referred is not purchasing or leasing but that a service will continue to be provided from a particular location or premises.

Under section 3 that is explicitly maintained and stated as a reserve function. The Senator is right but I wanted to clarify it in case there was any doubt about the position. That was the key issue not only in Mallow but in Cashel and Clonmel. It will be a reserve function of the board, that is of the elected members and the various constituents of the board.

Question put and agreed to.
Sections 6 to 9, inclusive, agreed to.
SECTION 10.
Question proposed: "That section 10 stand part of the Bill."

I spoke about this on Second Stage. There was terrible abuse in this area in the past because when health boards had extra money in December, in some cases many thousands of pounds, they went on a spree so as to spend it all by 31 December. It was crazy and a total abuse of taxpayers' money. If the intent in this section is to stop that type of nonsense then I welcome it. The Minister should clarify whether such money can be carried forward without penalty. Moneys due to the board should come to them irrespective of whether they have brought forward moneys they did not spend. If there is a penalty, it will act as an incentive to spend the money before 31 December. If the intention is to exclude that, I welcome the section. However, I want to hear from the Minister that a health board can bring £100,000 from 1996 into 1997 without fear of penalty from the Department when the following year's allocation is made.

(Limerick East): It is a double-edged sword. When a health board incurs a deficit it will be the first charge on its determination the following year, so if it is down £1 million rather than running an overdraft it will start minus £1 million the following year. However, if it generates savings or has cash in hand at the end of the year, when traditionally health boards rush out to spend, it can carry forward savings without penalty, which will be credited to the accounts for the following year. The deficit carries forward as a charge and savings carry forward as a credit. Neither of them will influence the determination made by the Minister for funds for the following financial year.

Question put and agreed to.
Sections 11 to 15, inclusive, agreed to.
SECTION 16.

Amendment No. 1 is out of order as it involves a potential charge on the public Revenue.

Amendment No. 1 not moved.
Question proposed: "That section 16 stand part of the Bill."

I had tabled an amendment which was ruled out of order because it would prove to be a charge on the Exchequer. If the section only referred to local health committees I would vote against it. However, there are other areas in this section so I will not be voting against it on that basis. It is a bad decision to remove from law the opportunity of having county health committees which was the intent of my amendment. While such committees have not been operating in recent years they should be left on the Statute Book. We do not know what matters may arise later in which local health committees could play an important role in the provision of our health services.

Health committees would give an opportunity for debate on local issues. One criticism of health boards is that in the past, two larger counties, which had the voting numbers, took decisions at the expense of a weaker county. There was no forum at county level to discuss such matters and there will not be in future.

The exclusion of local health committees from this Bill is a mistake. Will the Minister explain the grounds for this? I do not want to hear that they are being removed because they have not been in operation in recent times. Much of our legislation is not used on a daily basis but it is there to be used if the need arises. Similarly, there should be an opportunity for a health committee to meet, perhaps not this year or next year, but whenever the need arises. Thus, if there were a crisis they would be included in legislation and members of such committees could meet to discuss matters pertinent to their own counties.

I expressed strong views on this matter on Second Stage but the fact that the Minister said section 5 of the Local Government Act can be used with section 2 of this Bill will help me to change my mind. I represent the North Cork health district comprising two electoral areas as big as County Limerick. It includes a general hospital, a psychiatric hospital and geriatric hospitals as well as many other services.

Local health committees were provided for under section 7 of the Health Act, 1970 but they are now being dissolved. I will accept it if the Minister says that issues can be debated under section 5 of the Local Government Act and that the board will have a statutory obligation to respond.

Regional health boards can be unwieldy. Health boards that meet monthly have subcommittees and, in addition, you have the Cork and Galway regional hospital boards as well as Dublin. At one stage we were told about pan-hospital structures. I will not say they were concocted because they obviously served some purpose, but one had to look carefully at what was being proposed. While I accept the section, the Minister should, when looking at the new structures of public voluntary hospitals, ensure that boards of management for general hospitals are an effective way of dealing with the matter.

(Limerick East): In July 1987 the Government decided, as part of an expenditure review, that local health committees should be abolished. An appropriate reduction was made in the health board allocations from 1 January 1988. While some local committees met for some time afterwards without drawing any expenses, the majority of the local advisory boards finished up in the spring of 1988. They have not met since. We are abolishing these bodies under section 16 and we are now making it a statutory obligation on the health boards to co-operate with the local authorities. A combination of that obligation and section 5 of the Local Government Act will bring about a situation where arrangements will be made and formalised which would best meet the needs of local areas. It is better to include the general provision and allow the local authorities and local health boards make the formal arrangement necessary to best meet the need.

By leaving redundant legislation on the Statute Book there is always the problem that one may end up in the High Court or the Supreme Court. A case may emerge where the provisions of a specific Act which was never repealed and which would not have a practical application could become an issue in the High Court because it would still have a legal mandate. Analogous situations arose in Cashel/Clonmel case where a provision of the law which had not been used for a long time became an issue in the High Court and subsequently in the Supreme Court.

Question put and agreed to.
Section 17 agreed to.
SECTION 18.
Question proposed: "That section 18 stand part of the Bill."

This section provides that a health board may dispose of land without the consent of the Minister. This is only right and proper. Most of the lands to be sold by health boards are lands and buildings belonging to the psychiatric services. Those involved are worried that money obtained from these sales will not be reinvested in such services.

We have a responsibility to put money back into the psychiatric services. While there has been planning for the future and the larger institutions have been dismantled, replacement services have not been provided to the level and extent desired by carers in the services. One way to ensuring that proper community services are provided is to reinvest this money in those services.

Will the Minister confirm it is his intent that money accrued from the sale of land and buildings will go back into the psychiatric services to provide the back up community care that is now being provided mainly by units attached to general hospitals? While some district mental hospitals are still in place, they are being scaled down; some have already closed. However, we do not have the full range of back-up services that are needed for a good community service for the care of the psychiatrically ill.

I welcome the provisions of section 18. When land was being disposed of in the Cork area in the period when the policy of fiscal rectitude was being followed, some argued that they had been advised that planning permission would not be granted and rezoning for development would not be allowed. It has now transpired that some of those statements were not correct. The land has been rezoned and its price has escalated. These provisions would prevent similar situations recurring.

(Limerick East): The health boards would have the advice of the Valuations Office. These transactions would also be the function of their members so they would appear on the agendas of their meetings.

With regard to the sale of land attached to psychiatric hospitals, it is my intention that we will continue to fund the changes that have taken place, that we know are taking place and that will continue to take place in delivery of the psychiatric services. It is also my intention to introduce the mental health Bill next year. Given that we are modernising the policy and the provision of the services, it is time we modernised the legal framework which underpins their delivery. This will be done next year.

If land which was traditionally attached to a psychiatric hospital is being disposed of and there is a need in the area — for example, for a hostel for patients who are being displaced — there is a strong moral obligation on health boards to use money from the disposal of assets of the psychiatric services to further enhance the servicing of these needs. It would be wrong for me as Minister to make this a statutory obligation because a health board could find that, having disposed of land, its priority may be the development of a geriatric hospital or to appropriately place persons in accommodation more suited to their needs, for example, adults with mental handicap who may be found in many psychiatric hospitals, including the one in my city.

I wish to leave the situation as set out in the section where, given that they would have to be spent on enhancing the health services, it would be a matter for the boards to decide how the receipts would be allocated. There would be no question of them being returned to the Exchequer. This is the most flexible way of meeting the situation.

Question put and agreed to.

Acting Chairman

As provided in the Order of Business, we are to have a sos at this time. Will the Leader indicate the position?

We are making good progress. With the agreement of the House we will continue until approximately 4.25 p.m. if this will help to conclude matters.

Acting Chairman

Is that agreed? Agreed.

Section 19 agreed to.
SECTION 20.
Question proposed: "That section 20 stand part of the Bill."

This section provides that it is an offence to carry on a nursing home that is not registered under the Health (Nursing Homes) Act, 1990. I spoke at length on that legislation when it was debated in the House. There is a crisis in the funding of the nursing home business and in subventions to nursing homes. I have been informed in writing in the last few days by my health board that it has not received any money from the Department of Health for new applications since last July. This is inappropriate.

If the health board goes through the process of dealing with an application and decides that a subvention of £70, £80, £90 or £100 is applicable in a specific case it cannot proceed because it does not have the necessary forms. Health boards do not easily dispose of money on nursing home subventions. In view of this we should meet their ongoing demand for money for applications.

It is a traumatic time for the family and the person concerned when lie or she must leave home to enter a nursing home. Matters are not helped with added worries about funding and finance. We either fund the legislation or we do not have it at all.

I welcome this legislation. The Health (Nursing Homes) Act, 1990, provides that the money will be paid to the management of the nursing home. That is being implemented in circumstances where families have already paid because they came under pressure to do so and there was a delay in getting a decision from the health board. I am not aware of many such cases but I am aware of some. That is not good enough because families might not always be able to come to an agreement with the management of health boards.

Will the Minister have a good, hard look at the expenditure on private nursing homes which is in the region of £15 million to £16 million? Spending that money on developing services within the public hospital system would give better value for money.

(Limerick East): Section 20 was necessary because there was a loophole in the Nursing Homes Act. While the Act made it possible to impose penalties on a person who committed that offence, it did not state it was actually an offence. That loophole had to be amended.

On the question of subventions, Senator Sherlock is right about the cost of this fairly recent scheme. We estimated at the beginning of the year that it would cost £15 million but the cost is now £16 million. We had talks with the health boards and have given a commitment to provide them with that extra £1 million. I do not know what the state of draw down is in the Western Health Board, but I understand the issue has been resolved. We must budget at the start of the year on the basis of the best estimate we can make in terms of subventions. I would not favour nursing home subventions being a demand led scheme funded at the end of the year by way of supplementary Estimates. There must always be some controls.

Senator Sherlock has opened an interesting debate. This money was not available to private nursing homes until two years ago and suddenly they are receiving £16 million of taxpayers' money. Are we getting the best value for that money? Much of the subventions are swallowed up by nursing homes increasing their fees. Some would say they were justified in doing that because they had been carrying certain patients for a while. We are all familiar with those arguments.

It is a significant amount of taxpayers' money and we should be aware of the continuing need to measure how that money is spent. We cannot have a free for all for people involved in private business for profit, as are proprietors of nursing homes. We should not necessarily have to fund everything. They are private businesses with private fee paying patients. The State has been very generous to provide subventions of £16 million in such a short period of time.

I agree with the Minister that they are commercial entities run in order to make money. However, I am talking about people whom health boards have found are entitled to a subvention.

I am in favour of public nursing homes such as Sacred Heart homes and welfare homes, which are far ahead of private nursing homes in terms of therapy. Private nursing homes provide grade A hotel facilities but patients either sit in chairs all day or walk about. Public nursing homes provide a range of services and activity therapy throughout the day, particularly at weekends. They are to be complimented on the excellent service they provide.

I welcome what the Minister said about agreement being reached with the health boards in regard to payment of the money due.

(Limerick East): I agree with Senator Finneran. Care of the elderly will be an issue which will occupy an increasing amount of our time, particularly that of the health boards and the Department of Health, simply because there will be far more elderly. Changes in the structure of family life mean that families are no longer able to look after their elderly relatives who all seem to be heading for nursing homes.

Question put and agreed to.
Sections 21 to 25, inclusive, agreed to.
First Schedule agreed to.
Second Schedule agreed to.
Title agreed to.
Bill reported without amendment and received for final consideration.
Question proposed: "That the Bill do now pass."

This is progressive legislation, which is what one would expect from the Minister and his officials. I wish to put on record my appreciation of the Minister's policy on the general hospital system. General hospitals are as good as the staff who run them and the equipment with which they are provided. That is well recognised.

I agree with Senator Sherlock and I congratulate the Minister and his officials on the speedy passage of this important Bill which is part of the Government's legislation devolving powers. It is an important Government principle. As the Minister said, over 66,000 people are involved in the health services and we should always question how we can get best value for money through best practice. I congratulate him and his officials on this excellent legislation.

As I said on Second Stage, I welcome this legislation and I hope it works. I know what the Minister's intent is, although I can see some problems with it. By and large, the legislation devolves power. I am not sure if the Minister is passing on a hot potato. Only time will tell.

Limerick East): I thank Senators for their co-operation and ongoing good advice. I always like coming to the Seanad.

I was present for the Order of Business when Senator Henry raised an important point about the industrial dispute involving environmental health officers. Negotiations in that dispute are ongoing. They are complex but are at a very delicate and advanced stage. I am confident of a mutually satisfactory outcome in the very new future.

Question put and agreed to.
Sitting suspended at 4.30 p.m. and resumed at 4.35 p.m.
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