Dáil Éireann Debate, Wednesday - 21 April 2021
2147. Deputy David Cullinane asked the Minister for Health if he has received or sought legal advice from the Attorney General or otherwise on the legality of denying vaccinated residents of long-term residential care facilities the rights to family life, such as regular visits from family and general freedom of movement, for example, meeting family in a garden and making a trip with family; and if he will make a statement on the matter. [19973/21]
View answerThe impact of Covid-19 on society in general and especially those living in nursing homes has been considerable. The importance of continued social interaction of residents and their families cannot be overstated and every effort should be made, in line with public health advice, to ensure that these interactions continue.
Notwithstanding this, it is also important to be cognisant of the wider epidemiological situation and the risks associated with same. Public health restrictive measures have been applied at different stages during the pandemic to protect public health. Ireland remains in Level 5 of the ‘Framework for Restrictive Measures in Response to Covid-19’ and due to the high level of disease and continuing risks associated with Covid-19, population wide measures remain in place.
It is also important to note that while there is strong evidence that vaccines protect against severe illness and death, the evidence base in relation to the effect of vaccine in preventing a person from acquiring infection and from subsequently transmitting the virus to others is still emerging. There is also uncertainty in relation to the effectiveness of the vaccines against some new variants of the virus. Therefore caution remains appropriate at this time.
Nursing home providers are ultimately responsible for the safe care of their residents. Under Regulation 11 of the Health Act 2007 (Care and Welfare of Residents in Designated Centres for Older People) Regulations 2013 it is the legal responsibility of each registered provider to make arrangements for a resident to receive visitors, having regard to any risks that may present for the resident or other residents. Public health guidance has been developed in order to assist and support providers in this regard.
Last month, new visitation guidance for long-term residential care facilities was approved and published. This guidance incorporates early learning from the positive impact of the vaccine rollout nationally and internationally and will provide enhanced opportunity for visiting in nursing homes across all levels of the Government’s Plan “Covid-19 Resilience and Recovery 2021 - The Path Ahead”. While the previous guidance had provided for visiting on critical and compassionate grounds the new guidance expands the scope of visiting on general compassionate grounds as well as further refining the guidance across levels 1 to 5. The revised guidance provides at Levels 3, 4 and 5, subject to risk assessment and no open outbreak, that residents may be facilitated to receive two visits per week, where 8 out of 10 of every resident and healthcare worker in the nursing home has received their vaccine has completed their vaccination schedule.
At the time of publication last month a commitment was given to further review the visitation guidance in April. This review is ongoing and it is anticipated that draft revised guidance will be considered by NPHET this month.
