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Seanad Éireann díospóireacht -
Wednesday, 4 Jul 2001

Vol. 167 No. 11

Care of the Elderly: Motion.

I move:

That Seanad Éireann, concerned that elderly people will have appropriate, responsive, accessible and high quality care and supports either at home or in extended care settings, such as nursing homes, calls on the Government immediately to introduce a comprehensive package of care supports, including an independent inspectorate of nursing homes, both private and public, an approved quality training programme for care assistants, and the creation of the office of ombudsman or advocate for the elderly.

Ba mhaith liom fáilte a chur roimh an Aire go dtí an díospóireacht seo. Is é mo thuairim go mbeidh an dá thaobh den Teach aontaithe maidir leis an bprionsabal gur chóir go mbeadh saol chomh sonasach agus is féidir ag sean daoine agus go gcabhródh an Rialtas agus an Roinn Gnóthaí Sóisialacha, Pobail agus Teaghlaigh chun an aidhm sin a cur chun cinn.

This is a very important issue. I am concerned generally with the care of the elderly, but particularly with nursing home care and the problems arising from that. Everybody agrees that we should have the best possible care for our senior citizens and that care should in the first instance be in the home if at all possible. Every effort made by the Government and health boards should be to care for our senior citizens or disabled people in their homes for as long as possible. Therefore we should have properly paid home helps or carers if they are members of the family.

A significant issue in County Louth is that it is not possible to get home helps or carers – for love certainly but maybe for money it would be possible. People are taking better-paid jobs in other sectors of the economy because the pay that home helps get to look after senior citizens who are ill is unacceptably low. Despite the fact that there has been a rise in income recently, there has also been an increase in taxation for these people. We should make every possible effort to have a career for carers. There should be a specific designated course in a third level institution so that people can become carers and be paid a proper salary. This would result in people remaining out of private or public long-term care.

Older people have their rights. I commend the National Council for the Aged on its publications and its efforts to direct Government policy towards improving their care.

There are specific issues relating to the investigation of public or private long-term care institutions for senior citizens. We do not have a uniform inspectorate to deal with the inspection of such institutions. At present each health board designates in most cases a director of public health, a doctor, a public health nurse or an environmental health officer to carry out these inspections. They are obliged in law to have these inspections twice per annum but in many health board areas they do not have the staff to provide the minimum number of inspections. In many cases they are only inspected once if at all.

There is no uniformity of form, applied formula or standards. The regulations are ambiguous and there is no clarity for instance in the number of people who should be on duty at any one time. One registered nurse is required to be on duty at all times, but there is no definitive ratio of registered nurses to patients. While the number of nursing homes is falling, the existing nursing homes are getting bigger and for new buildings I believe that a 60 bed unit is the minimum that is economically viable.

I call on the Government to immediately apply its mind to this issue. There should be an inspectorate separate from the health boards and from every other organisation, which would be fully qualified, resourced and staffed. There should be a national inspectorate for all our long-term institutions, be they private nursing homes or public long-term care units for the elderly. Having uniformity of inspection is a first step.

At the moment many of the inspections take place between the hours of 9 a.m. and 5 p.m. We need a much more rigorous inspection system, particularly at night-time. Senators might find it hard to believe that there is a nursing home in the North Eastern Health Board region that gets its patients up at 5.30 a.m., but it is true. The reason they are out of bed at that hour is that there are several high dependent patients there and there is inadequate staff to go in at 8 o'clock to get them dressed and ready for breakfast. This is where a rigorous independent inspectorate would make a significant difference.

If a nursing home patient or the family of a patient have a complaint what do they do? In many cases they are fearful because nursing home places are so valued and rare that the presence of a complaint could result in the permanent absence of the client. There is no proper system to ensure that complaints go through proper channels to be investigated. We need an independent ombudsman for senior citizens in long-term care, as they have in the United States. The office of the ombudsman for senior citizens looks after all complaints, visits those people who are making the complaint in the institutions and talks to the family. There is a proper structure and a proper dialogue between the person who is complaining and the nursing home. This results in a fair, adequate and organised complaints system with no downside to it, particularly for the client who is complaining.

In America private nursing home care is taken much more seriously than here. In particular the inspectorate has powers to impose immediate per diem fines on the occasion of the visit if there are serious breaches of the regulations. There is a policy in America of fining homes that are in breach of regulation – there is no such policy here because the health boards have neither the resources nor the determination to pursue these people through the courts. They are probably fearful that these nursing homes would be put out of business and they try to effect improvements by making repeated complaints rather than going in and putting the very bad nursing homes – there are significant numbers of them – under the scrutiny of the law and the local court.

Having said that, I acknowledge that there is a tremendous number of professional people providing first class care in the private sector. However, we must put out of business those nursing homes that are abusing patients and are negligent towards them. I am in the course of preparing documentation for the Minister, which will identify through the health board investigating report system the very bad nursing homes. A number of them are on appeal to the Information Commissioner. I have a bundle of them here, which I received just before I came into the House and which unfortunately I have not yet had time to read.

This area needs significant attention by the Government. We cannot continue to ignore the plight of senior citizens in our institutions. Some of the things happening in our nursing homes are disgraceful. For instance there is one home in the south where a meal for 30 people consisted of 13 pieces of small portioned and unsavoury fish. How is that for a meal? The report says of a nursing home in the north-west: "The smell of sewage permeated the air as I entered the nursing home", and nobody could find out where the septic tank was leaking and why that was so. In a nursing home in the north-east the report reads: "When I went in to see the patient in the room, the headboard was broken, the linen was soiled, the place was just literally in bits." That is shameful and unacceptable. Obviously, I have looked at the adverse reports, not the good ones. The majority of them are excellent, but the ones that are bad need to be put out of business and I hope the Minister will confirm that tonight.

We must ensure uniformity of standards in our nursing homes in measurable terms across all areas in all long-term sty facilities, public, voluntary and private. The difficulty is that the Nursing Homes Act has not been revisited for a number of years. It was introduced in about 1994 and the regulations need to be upgraded. We need to be much more scientific in the measurement of needs.

One of the problems in nursing homes is that the person most involved with the patient is the care assistant because the one SRN there is quite often the manager and the administrator. Care assistants in nursing homes need a proper career structure. There are two colleges which have excellent courses and the Minister is in a position to insist that all care assistants in nursing homes be trained and have a specific qualification from a PLC or a regional college. That would create uniformity of standards.

The vast majority of care assistants are excellent but they are not well paid and many are over-worked and cannot keep up with the demands on their time. There is an absence of qualified staff, of care assistants and there are not enough people to manage institutions that care for our senior citizens.

By putting all of these issues under the microscope, as we are doing tonight, we can decide that the care of the elderly is to be the prime interest of the Department and the Minister. I look forward to the Minister of State's response. A significant and clear plan for progress should be put in place.

I acknowledge the assistance of the Irish Nursing Home Association, public health doctors and of all those to whom I spoke who are involved in this area. All of them said it needs more attention, investment and, most of all, action from the Minister of State and his Department. This resolution is about ensuring our elderly have an appropriate, responsive, accessible and high quality care. I will return to this when I conclude this debate.

I formally second the motion. I commend Senator O'Dowd for the research he has put into his motion and his deep knowledge of it, particularly of carers and care of the elderly in nursing homes.

Anyone with sensibilities would recognise that the need to care for the elderly is justified on many grounds. It is justified on the grounds of the contribution they have made to the country and its standing today as well as on the simple grounds of humanity and the right to quality of life. That can only happen in an atmosphere of generosity, hospitality and genuine care. One can talk about nursing being a job to some and a profession to others, but the care of the elderly is in the hands of those who have a vocational, committed interest in ensuring the elderly finish their years in a quality environment. The only way for that to happen is to ensure the surroundings, quality of food and treatment of them is such that it reflects their contribution over the years.

It is necessary to invest and we always say that throwing money at something will repair everything. That is not necessarily so, but in this case the simple things mentioned by Senator O'Dowd, such as the quality of inspectors and standards, funding would go a long way towards ensuring that people in nursing homes receive proper care and attention. I ask the Minister of State to take into account the points raised and the fact that there should be a charter of rights for the elderly. If one reflects on one's future, one wants to know care will be provided properly if needed. One does not want to fear the future but wants a quality of life to the very end. That quality is not guaranteed today.

This motion is put down with the interests of the elderly at heart and in the interests of those who genuinely care about what they are doing. It is not an occupation. One does not open a building, throw people into it and treat them as one would machines to be manufactured. The only thing to do is to agree standards.

As Senator O'Dowd stated, one never hears a complaint about the majority of nursing homes. However, the standards of some are so bad that they should be closed down. Tonight's appeal is to set standards below which nothing should drop. An ombudsman should be appointed and the finance should be provided to ensure standards are maintained. The cost would not be excessive. I commend the motion.

I move amendment No. 1:

To delete all words after "Seanad Éireann" and substitute the following:

"commends the commitment of the Government to the provision of comprehensive care for older people both in the community and residential setting as evidenced by the provision of significant additional resources since 1997, and notes the Government's intention to continue to develop services to meet the needs of this valued section of our population.".

I welcome the Minister of State at the Department of Health and Children, Deputy Moffat. He is a man wholly committed to the care of the aged as he has demonstrated by ensuring the availability of moneys to the many health boards for the improvements to facilities that were sought for so long.

I have first-hand knowledge of the Midland Health Board. Having been on visiting committees I recognise the points made by Senator O'Dowd relating to private nursing homes. The vast majority of people are in State-owned nursing units and I remember matrons and administrators pleading with our committees not many years ago for some few shillings to provide paint or panes of glass. That has changed. Many new long-stay units have been provided over the last few years. A number are currently at the planning stage and we hope to have them in place for the proper care of our elderly in the very near future. A vast amount of money has been spent on the refurbishment of long-stay units and patient care is taking place in a better environment as a result. On many visits we discovered wind blowing through those units but now the windows have been replaced, there is double-glazing and they are warm and comfortable.

It is a credit to the Government and the health boards that moneys were wisely spent to ensure comfort for the patients. Quality beds have been provided for those in long-stay institutions, some of whom are bed-ridden, and there are rotating beds which give some quality of life to patients. That must be recognised.

In the Midland Health Board region many developments have taken place in County Laois at Mountmellick, Abbeyleix and Shean. The development of Shean afforded many elderly patients the opportunity to get out of St. Fintan's psychiatric unit. They are now in a quality unit and I commend the Minister of State for that development. Money was also well spent in the provision of lifts in those hospitals to ensure patients were not confined to the top storey until the undertaker took them out. Now they can go outside in their wheelchairs on fine days.

We must also recognise the benefit of community housing for the elderly. There have been a number of developments in my county and construction of a new care unit in Birr is due to start soon. I compliment the staff who have worked in difficult circumstances in the old units. At last they are seeing money wisely spent on new modern units. We should also commend the friends of the institutions and hospitals who have raised so many funds to provide for the special needs of the patients. Their contribution must be recognised.

Patients now have the opportunity to participate in arts, crafts and other activities. Day care centres for the elderly are being developed throughout the country. At these centres services such as physiotherapy and chiropody are provided, while ladies can take advantage of the hairdressing services. The Government has also made money available to retirement groups where people get together once a week or so and have a game of bingo or whatever. That is part of caring for the elderly. This is backed up by money made available to the health boards from both the Department of Health and Children and the Department of Social, Community and Family Affairs.

We should also recognise the contribution of the local authorities in caring for the elderly. A number of years ago they took the decision to provide houses for the elderly. The houses are specially designed with ramps, wider door frames and so forth to be adaptable and facilitate access both for the able and the disabled. The local authorities deserve our compliments on that policy.

There have also been huge increases in the number of nursing staff, district nurses, carers and home helps and in the amount of funding provided for these services. There is never enough funding but there have been vast improvements in recent years. The Minister has increased substantially the number employed, both full-time and part-time, in the care of the elderly. Government spending has increased enormously. I recall being a member of the health board when it had just £10 million to spend in this sector. Now spending over a three year term is between £55 million and £60 million. That is a huge increase.

The winter initiative was also of great benefit. It ensured many elderly people were taken care of over the winter in care units and hospitals. The Minister has ensured all elderly people over the age of 70 years will have the medical card, irrespective of their means. That must be acknowledged as a major benefit. In future, all elderly people will be able to call the doctor when they do not feel well and the cost will be covered by the medical card.

There was a comment about inspections of private nursing homes. I agree something should be done in that regard but the best inspectors are the families of the patients in the institutions. If they see things are not right, they will ensure their elderly relatives are cared for elsewhere. However, that issue must be examined. We must also acknowledge the great work of our general practitioners and district nurses. Our main aim must be that the elderly live with dignity and proper care. I commend the Minister's work in this area to date and the amendment to the House.

I support the motion and appreciate Senator O'Dowd's concern for people of a certain age who need care. It is a broad issue but I am anxious to bring a number of matters to the Minister's attention.

In earlier times, when there were larger families, this issue did not arise often. People who had to go into homes tended to go into the county home and, in some cases, it was almost considered a disgrace on the family that their parent ended up there. That is not to say that the work of the staff in the county homes was not good. However, society has shifted so much, particularly with regard to family numbers, that it is reasonable to expect that the private and public nursing home system will continue to grow. In most families there will probably be only two children and it is likely that both will live outside their own county and possibly outside the country.

I can speak about the caring systems in place previously in Dublin. The housing accommodation in the old tenements was deplorable but there was always community care in them, whether it was for somebody having a baby or where there was a death in the family. In particular, the elderly were cared for. There was never a shortage of neighbours to look in on them. It was easy when there were up to 15 families in one big house.

The situation has changed drastically. I will always acknowledge the excellence of many of the private nursing homes and the fact that they have tried to police their institutions. They have done a great deal on their own initiative for which they deserve to be commended. However, having seen some of the private nursing homes in my health board area, I would prefer to go to a public home. In the health board nursing homes in the greater Dublin area the standard of food, which might appear to be a small consideration, is excellent. The homes also provide reminiscence therapy and physiotherapy and people are not rigorously ordered around. They are not woken up at 6 a.m., do not have breakfast forced upon them at 7 a.m., dinner provided at 12 midday and tea at 4 p.m. after which they are not supposed to exist but to be in bed and under control.

It is hard for anybody with a conscience to see the plight of some of our elderly. I only give bouquets where they are deserved. I have intimate knowledge of this matter, having had an elderly parent in a nursing home. I must emphasise I am not speaking about that home. I have visited other nursing homes. If a person's brain is functioning but their limbs are not good, it is awful to have one's day controlled with regard to where one can go and what one can do.

I have been in nursing homes which did not have a garden even though there were up to 30 people in the home. There was no place where one could sit on a bench or be wheeled to a bench to enjoy a sunny day. Is that quality of life? It is mostly women who I am referring to as they outlive men. You might see two men and 14 women sitting in a day room. "Grimsville" is not the word for it. It is appalling. There are no activities other than the "telly." Mealtime is longed for as it brings a diversion.

Some of these people's brains are extremely active, yet they have no interaction with local communities. There was a system in place in my area where young people in transition year came to nursing homes as visitors. That is a good idea but as these students must then do their leaving certificate exams in the following years, they drop away. In this year of the volunteer, the lack of volunteers is striking. This is because people's lives are too busy.

How can people say that they are caring for the elderly if they take the subvention and the remuneration available and provide only the cheapest food? I know of elderly patients who are not able to get about by themselves. They are taken out of bed in the morning and put in a control-chair with a bar at the front. I have seen people left in these control-chairs from the time they get up in the morning until they are put to bed at night. There are cries for help coming from those who cannot cry anymore.

This situation has grown particularly in the past ten years and it is not about to go away. The Government proposal to give help to families to care for elderly relatives is a good one but, unfortunately, we need an inspectorate. There could not be a sane inspector who has seen the places I am describing without being shocked. I am not alone in my criticism of those who are in the care business for "grab and greed." These people are only too happy when someone is dispatched as they will then have a chance to get another patient in who might pay more. It sounds terrible but I know that type of predator is alive and well, and is giving a bad name to the many dedicated people caring for the elderly with wonderful facilities.

We are all great at platitudes. We can all wish everybody well. Santa will come to the nursing home at Christmas and give a present to each patient. However, Santa only comes once a year. The number of people who abandon their relatives and never visit even once is striking. It is pathetic and a slur on some families that they dump their relatives and never hear about them. Yet, they cry at the funeral, which is usual.

We should encourage, through the schools, education on the needs of the elderly. Elderly people are flung together in these homes and there is nothing to divert their minds. They must sit "waiting for Godot." The Minister should give us hope by outlining how he intends to make life better for the elderly. Irish people have ambivalent ideas. Everyone will rush to protect a helpless baby, but an elderly person is equally helpless. Because the elderly are less cuddly, people do not care.

We have the most uncharitable and uncaring society with regard to the aged. I heard a foreigner recently describe Ireland as the place where they put people into homes when they get old. "Home" is a misnomer. It is a kind of baby-sitting in reverse. I appreciate that where somebody is in need of constant medical attention, the family cannot care for them. However, if the person is just a little slow or suffering some memory loss, they should not be abandoned. Why can we not treasure our aged as other people do?

I want to see more realistic home help provided. I visited an elderly couple recently when their home help was present and she was a joy and a delight to the couple. She is the couple's messenger to the outside world, but she only visits three days per week. Even if we only achieved some of the objectives in tonight's motion, we would have achieved much with regard to inspection. Public utilities should be inspected also. The Minister is a kind and compassionate man but talking compassion is not good enough, making it happen is in his hands.

The policy of the Government on health services for older people is as outlined in the report, The Years Ahead, first published in 1988 and reaffirmed in the Review of The Years Ahead, published in 1997. This policy is to maintain older people in dignity and independence at home in accordance with their wishes, as expressed in many research studies; to restore to independence at home those older people who have been ill or dependent; to encourage and support the care of older people in their own community by family, neighbours and voluntary bodies; to provide high quality hospital and residential care for older people when they can no longer be maintained in dignity and independence at home.

The anticipated change in demographics in the period 1996-2011 has, and will continue to have, significant implications for service planners, service providers and all in government, whether at local or national level. The changing health and social needs of older people present a major challenge to society. The longer that older people remain in good health and disability free, the better will be their quality of life and the greater their contribution to society. Ageing is a normal dynamic process, it is not a disease. While ageing is inevitable and irreversible, the chronic disabling conditions that often accompany it can be prevented or delayed, not only by medical interventions but also by social, economic and environmental policies. These policies need to be informed by a wider, more positive view of old age.

Since coming to office in 1997, the Government has allocated significant resources to services for older people, particularly health services, in an attempt to deal with this change and the resulting issues which will emerge. Additional funding for the development of health services for older people has increased significantly from £10 million in 1997 to an additional £36 million in 2000, while in 2001 an additional £57.42 million will be provided. This has resulted in approximately 880 posts approved to services for older people between 1997 and 2000. Between 1998 and 2000, over 400 additional beds have been provided in ten new community nursing units and over 1,000 day places per week have been provided in ten new day care centres.

A total of £2 billion has been made available by the Government for investment in the health services under the National Development Plan 2000-2006. This represents a trebling of investment compared to the previous seven-year period. The purpose of the plan will be to create an infrastructure that will bring significant and tangible advances in delivering a more patient-centred and accessible service. There is a commitment from the Government to shift the balance of capital investment towards the non-hospital sector so that the £2 billion is divided equally between the acute hospital and non-acute sectors.

In the case of services for older people, it is proposed to provide for a greatly improved physical environment to ensure a high quality and client-centred service. Approximately £200 million will be available for the capital development of services for older people over the period of the plan. A broad range of facilities will either be provided, replaced or upgraded as a result, including assessment and rehabilitation facilities, ambulatory care facilities, community hospitals, community nursing units, convalescent and respite beds, day care centres and services for the elderly mentally infirm.

It is acknowledged that there are specialised areas which require particular attention, including the provision of assessment and rehabilitation units and day hospitals, extended care units and, in particular, the development and enhancement of community based services. The latter include the provision of day care centres, the promotion of home help services, home care teams and paramedical supports, which are essential to facilitate an older person remaining in their home and familiar surroundings.

Together with considerable investment in health board facilities and the area of community care, substantial additional resources have also been made available for the nursing home subvention scheme. As Members will be aware, the Health (Nursing Homes) Act, 1990, under which subvention regulations were made, has two principal objectives: first, to ensure high standards of accommodation and care in all nursing homes registered under the Act and, second, to provide for a new system of nursing home subvention in order that dependent persons most in need of nursing home care will have access to such care.

The latest figures available from the health boards and the Eastern Regional Health Authority indicate that there are currently 8,001 people receiving the benefit of the subvention scheme, either through the provision of a basic subvention, enhanced subvention or contract bed. It is also worth noting that in the first full year of operation, the funding allocated for the nursing home subvention scheme was £12 million. This year the funding available for the scheme is £52 million, more that four times the original allocation.

The report of the Ombudsman on the nursing home subvention scheme was published recently. It deals with the role of the Department of Health and Children in making regulations and overseeing the introduction of the scheme and examines the administration of the scheme by the health boards since its inception in 1993. Certain articles in the nursing home subvention regulations were the subject of critical comment, namely, article 8.2, the "pocket money" provision, and articles 9.1 and 9.2, which allowed for the income of adult sons and/or daughters to be assessed when determining the level of subvention to be paid. The immediate priority of the Department of Health and Children is to ensure the two aspects of the regulations that have the most direct impact on nursing home patients and their families are fully addressed without delay. In this regard, I will outline the action taken to date.

Article 8.2 of the Nursing Home Subvention Regulations, 1993, allows health boards disregard a sum equivalent to one fifth of the old age non-contributory pension when assessing means and calculating the amount of subvention to be paid. An additional allocation of £4 million was made available in 1998 to six of the health boards where the regulations were applied incorrectly to meet the costs of arrears payments in respect of the full implementation of the Health (Nursing Homes) Act, 1990, and subsequent regulations. The sum of £4 million was not provided solely for the purposes of article 8.2 arrears. Health boards were also incurring additional expenditure as a result of the easing of the family circumstances regulations in 1996. These regulations, signed in July 1996, increased the personal allowances applied by designated officers of the health board when assessing the circumstances of adult sons and daughters of an applicant for subvention. The funding was intended to address both problems and meet funding shortfalls in the scheme generally. My Department has been informed by the health boards concerned that the funding provided was also used to cover arrears payments under article 8.2, the payment of enhanced subventions and expenditure shortfalls arising from increasing demands under the scheme.

I understand a proportion of the allocation was used by three of the health boards to fund other services for older people, including the provision of aids and appliances, improved home help services and the opening of a unit for the elderly mentally infirm. While this money was not expended on the subvention scheme, I am assured it was used by the relevant health boards for the benefit of older people. Nonetheless, when my Department became aware of continuing delays in paying arrears, it took the matter up with the relevant boards and is continuing to pursue it. The health boards have advised that, to date, approximately £1.5 million has been paid out in respect of article 8.2 arrears. It is not possible at this stage to provide a figure for the total cost of article 8.2 arrears payments as a number of boards have not as yet completed the process of calculating the amounts due. However, my Department is continuing to pursue this matter with the health boards concerned to ensure every effort will be made to pay all outstanding arrears as soon as possible.

As Members will be aware, articles 9.1 and 9.2 of the Nursing Homes (Subvention) Regulations, 1993, allowed health boards to assess the ability of the adult sons and/or daughters of older people who apply for nursing home subventions to contribute towards the cost of their parents' nursing home care. A review of the operation of the subvention scheme was carried out in 1995, following which an amendment was made to the Schedule which provided that, in calculating the income of sons and daughters, health boards were to disregard income tax, rent, mortgage repayments and certain other outgoings. This Schedule increased the personal allowances applied by designated officers of the health board when assessing the circumstances of adult sons and daughters of an applicant for subvention. The subvention regulations were further amended from 1 January 1999 and the provision to assess the capacity of adult sons and/or daughters to contribute towards the cost of nursing home care of their parent was deleted.

The amendment to which I refer was made because the provisions in question were not consistent with the assessment procedures adopted in the granting of medical cards by health boards or the social assistant payment schemes administered by the Department of Social, Community and Family Affairs, wherein there is no consideration of the financial circumstances of adult sons and/or daughters of applicants. Nonetheless, I am concerned that the issue of making payments to those adversely affected by this regulation remains. However, it is important to state that legal advice received from the Office of the Attorney General indicates there is no legal liability on the State to make retrospective payments in relation to family circumstances. Nonetheless, in the interests of fairness and natural justice, it has been decided that moneys should be paid to those adversely affected by this provision and my colleagues in government agree with this view. It is anticipated that these payments will cost in the region of £6 million.

A group representing the Department and the health boards and the Eastern Regional Health Authority has been established to ensure this process is carried out on a uniform basis as speedily as possible. However, as Members will appreciate, and bearing in mind that since the scheme's introduction, approximately 35,000 applications for subvention have been received, this will be a complex exercise involving, inter alia, difficult issues of traceability, and may take some time to complete. It is, nonetheless, expected that payments will begin this month and I offer assurances that every effort will be made to make payments as quickly as possible.

An issue that has been raised in this debate is that of inspection procedures for extended care facilities. The Health (Nursing Homes) Act, 1990, requires nursing homes to be registered with their local health board. Regulations made under the Act require that there must be proper standards in private nursing homes in respect of adequate and suitable accommodation, staffing, kitchen and sanitary facilities, access to medical care, facilities for recreation and other arrangements to ensure the health and well-being of residents. Many Members, including Senator O'Dowd, highlighted the need to investigate the position vis-à-vis the standards which apply in respect of food preparation and provision. Nursing homes are required to renew their registration every three years and a health board may impose conditions in relation to registration. These regulations provide for periodic inspections by health boards, which are empowered to prosecute registered proprietors and persons in charge in the event of breaches of those regulations.

The Nursing Homes (Care and Welfare) Regulations provide that the registered proprietor and any member of staff shall permit designated officers to enter and inspect the nursing home, to examine records kept by it, conduct interviews with persons, including staff, and examine any dependent person there, where the officer has reasonable cause to believe that a person in a nursing home is not, or has not been, receiving proper care. During such inspections, any shortcomings should be brought to the attention of the proprietor and the person in charge.

Homes are duly monitored to ensure compliance with the regulations. There is no limit on the number of times an inspection may be conducted and the boards may visit at more frequent intervals where this is felt necessary. In order to obtain a rounded and comprehensive view of a nursing home and the standard of care, it will be inspected by professionals of various disciplines, such as a public health nurse, medical officer and environmental health officer. An inspection involves a systematic review of facilities, services and care to ensure continuing compliance with the statutory requirements and the conditions for registration.

There is concern that while there is provision, as outlined above, under the nursing home legislation for monitoring standards in private nursing homes, no similar arrangements are in place for health board facilities, an issue both I and my colleague, the Minister for Health and Children, will rectify. As Members will be aware, the social services inspectorate has the authority to monitor standards in children's residential centres and is operating effectively. It is intended to expand its role to cover extended care facilities for older people. It will also extend its remit to residential services for children with disabilities arising from the provisions of the Children Bill, 1999, which is shortly to be enacted. Given the heavy demands on the inspectorate in monitoring standards in the child care area, additional resources are required to enable it to take on this additional function. Proposals in regard to services for older people will be introduced as soon as possible.

In 1999, I established a working group which is currently preparing guidance and training materials in relation to elder abuse, including abuse in institutional settings, following publication of the report, Abuse, Neglect and Mistreatment of Older People: an Exploratory Study by the National Council on Ageing and Older People. The group's terms of reference are to advise on the development of principles, policies and guidelines in relation to elder abuse, and to make recommendations on matters including, inter alia, on definitions, terminology, identification, screening procedures, and assessment protocols and procedures. The group consists of representatives from my Department, health boards, the Garda, the National Council on Ageing and Older People, and other organisations representing the interests of older people as well as a consultant physician in geriatric medicine, a consultant in the psychiatry of old age, a consultant psychiatrist and a general practitioner. It has drafted a comprehensive two year work programme which involves, inter alia, development of a training brief, organisation of pilot projects, implementation of awareness and training programmes, preparation of evaluation reports, and will present a final report to me. I have provided resources to ensure that the work is completed within the envisaged timeframe. The report will be completed following the testing of draft policies, procedures and guidelines in pilot projects. Training programmes will be provided to staff members and ongoing evaluation will take place. The main purpose of the evaluation is to assess whether the draft policies, procedures and guidelines in the identification, assessment and management of elder abuse are appropriately designed and effective in the two health boards areas. The report is expected to be completed by the end of 2001, when the evaluated results of the pilot projects are available.

An expenditure review of the nursing home subvention scheme undertaken by my Department, in association with the Department of Finance, was recently completed. Proposals will be brought to Government on whatever additional measures may be necessary arising from the Ombudsman's report and the expenditure review, together with experience gained from the operation of the scheme since its inception in 1993.

There has been a failure over the years to recognise the contribution of carers to the maintenance of the health and well-being of dependent family members and friends. Support to carers is widely recognised as inadequate. As Minister of State, Deputy and general practitioner, I am well aware of carers' invaluable role in supporting and maintaining dependent relatives or friends. Caring can be at great expense to the carer and many feel isolated, alone and taken for granted by society. The role of and the cost to the carer is only being acknowledged in recent years. I am glad to say that efforts are now being made to address this issue. From talking to carers and meeting with organisations representing them, I know that recognition of their role is important to them. The failure over the years to provide this recognition, with inadequate support services, has been a major deficit in our provisions. That situation is changing. Initiatives have been taken, particularly in the past two years, to address their needs.

In the last three years, my Department provided an additional £4 million to the health boards for the support of carers. This is used by them to fund carer support groups, provide training to carers and support carers through, for example, the employment of liaison officers and the provision of respite breaks. The funding is used to support home care services. Funding has also been provided for the provision of items such as walking sticks and frames, wheelchairs, commodes, bed rests, special beds with hoists, stair rails and other vital appliances for an older person to remain at home and maintain their independence.

My colleague, Deputy Dermot Ahern, Minister for Social, Community and Family Affairs, oversees many improvements in the carer's allowance scheme. An overall review of the carer's allowance was completed by an interdepartmental committee, chaired by the Department of Social, Community and Family Affairs and published in October 1998. Following a detailed examination of the review, measures were introduced in the 1999 and 2000 budgets to improve and develop the position of carers, including the extension of free schemes. As is evident from this, the Government is committed to improving the needs of carers. It will be clear to the House that this Government places a high value on the contribution which older people made and continue to make to our society. It is the Government's aim to ensure that as many as possible of our senior citizens live an independent life for as long as possible, and that the necessary supports are in place to achieve this. We are also committed to providing the necessary level of care, at home or in residential accommodation, for older people who need such services. The additional funding provided by the Government, since it came to office in 1997, is proof of our commitment to older people, a commitment that will not waver in the years ahead.

For this reason, the Government cannot accept the Fine Gael motion and commends instead the amended motion. I thank the Opposition Members, especially Senator O'Dowd, who took the time to investigate the plight of the elderly. It is said that our care should be the best in the world. We examine care around the world and think that our standard of care is generally good. There are exceptions in some nursing homes but we welcome the bringing to our attention of any defaulters which Senators may have discovered.

Much remains to be done and we will still depend on family and community. All the investigations that have been done show that home is the best location for the elderly. It is up to us to provide better community care. We have problems getting physiotherapists and speech and occupational therapists but we have increased the numbers in training and will continue in that vein. Overall we have increased the moneys going to the care of the elderly. Money alone will not solve all the problems and we still depend on the family, community and voluntary organisations to play a part. I did not mention transport which is another particular problem for the elderly. There are numerous problems but overall, despite what we might see on the Internet about the great care service in America, I would rather be an older person in this country.

Mr. Ryan

One of the problems in debating in this House, particularly with the Minister, Deputy Moffatt, is that when one has such a likeable personality it is difficult and makes one appear churlish to say anything which could be remarked upon as of a political nature. I do not want to excessively politicise this motion but there are a few issues in his script I will mention. It is a pity to see such a fine Minister reading what is in some cases Civil Service gobbledegook. He adverted at some length to the Ombudsman's report, yet he did not say that the Department of Health and Children was sorry for the mess it had created. The Ombudsman said that it had obfuscated, delayed, ignored advice from the Attorney General, misled people and colluded with health boards to mislead people for budgetary reasons.

It would have been good to hear the Minister say that was wrong and that it should never have happened and would never happen again. A Department should not attempt to subvert the Ombudsman by taking up to a year to answer a letter looking for information. The fundamental problem that will continue to bedevil us occurs when our institutions regard people like the Ombudsman or inspectors etc. as intrusions on their patch rather than the providers of systems that make for quality care provision.

The Minister stated the Government was advised by the Attorney General that there was no legal obligation to make retrospective payments, but in fairness and out of consideration for natural justice it was decided to do so. Natural justice is a constitutional obligation more fundamental than a legal obligation. It is an exercise in hair-splitting to suggest there was no legal obligation when one recognises that natural justice demands it. Natural justice is a constitutional obligation which would ultimately have arisen because of all the anomalies in the way the subvention scheme worked.

He also mentioned the difficulty of traceability for repayments to people who were improperly, if not illegally, charged. It is not the people who are difficult to trace who are out there waiting for the money but the people who know they paid it and have told the health boards and the Department. These are just bureaucratic excuses. Of course there are traceability difficulties with 35,000 people but large numbers of them are known to the Department and the health boards. Some may be more difficult to trace. Judging by the Ombudsman's report, some of the people had their means assessed by health board officials taking a figure between one and 500 from the air. These people may be difficult to trace because the health boards never even knew who they were. There are thousands of people waiting who are well known to health boards and individuals within the boards. The reason they are not being paid is bureaucratic inertia, and saying that there are difficult issues of traceability is no more than a red herring.

I now come back to the issue—

At long last.

Mr. Ryan

I take this issue very seriously because, among other reasons, on 6 August I technically qualify as an older person, as 55 is regarded as the threshold by most of the caring bodies. We should not romanticise the old days too much. They were the days of mass emigration. The romantic vision of children caring for the parent may be well written in literature but it did not happen in Ireland because most of the children were gone, particularly in rural Ireland. It must have been the most horrendous existence for elderly parents in Ireland in the 1930s, 1940s, 1950s and early 1960s when everybody was gone and old people were left on their own. The old idea of the caring community and children living near their parents has not existed in this country since the tradition of emigration developed 70 or 80 years ago, and we should not romanticise it.

The area of rural Ireland I know best is the area of the west Kerry Gaeltacht. There were many lovely old people there 25 years ago and each one of them was excruciatingly lonely. They had a wonderful community of their own age group but there were no children, no young people and no families. It was not a romantic, wonderful, caring existence. The prosperity that has produced some problems is the prosperity that has made many young people willing and able because they now have the resources, the mobility, the transport and the money to care more for their parents. They worried about them from a distance of hundreds if not thousands of miles in the past. Now they try to do something and do it well, and it is up to society to knit in with that.

What one finds when one goes knocking on doors during political campaigns is interesting. If one goes to the homes of people not that well off one hears about the health care services as far as it affects the individuals and their children but when one moves into more affluent areas one hears about the huge burden of caring for elderly people. It is not a burden that people want to off-load on to the State but they want to feel that the resources will be there to make sure that the burden of looking after one's parents will not leave them in a position of being financially stretched themselves in their old years.

There is no cheap way of getting good public service. We as a society, no matter who is in government, have to get this sorted out. We cannot go on reducing taxation – I said this long before the ICTU said it this week – and at the same time promise to improve public services. No country in the world has done it. The countries in Europe that have the best public services have rates of taxation well in excess of ours. We must now make a choice. Tax cuts are something we can afford after we have provided good public services, not the other way round. If we want care for the elderly, a good health service and good public transport, it is time we accepted that we will have to pay a moderate to high level of taxation. There is no other route. We need the consensus that got us out of the crisis of the 1980s in order that we can develop the society that the affluence of the 1990s deserves. We must recognise that good public services do not come cheap, we have to pay for them while ensuring we introduce our plans efficiently.

I welcome the Minister of State and support the amendment to the motion. The Government is committed to the provision of comprehensive care for older people, in the community and residential settings. Significant additional resources have been allocated since 1997 and the Government intends to continue to develop services to meet the needs of this valued section of the population. As far as I recall, the Minister of State, Deputy Moffatt, is the first to be given specific responsibility for the care of the elderly. The Departments of Health and Children and Social, Community and Family Affairs are fulfilling their duties in this regard.

I agree with Senator Ryan's point that we tend to romanticise the hard times we had some years ago, particularly the conditions that prevailed in rural Ireland and other disadvantaged areas. Huge progress has been made and the elderly in rural communities are helped to remain in their homes. The ideal scenario for all concerned is to keep older people in their homes and help them to be as independent as possible. While I realise Senator O'Dowd's motion concentrates on nursing homes and other residential units, Government policy must continue to support the care of people in their own homes. As Senators have said, the population is ageing and we do not have enough carers and residential units for everybody. We should aim to keep older people as independent as possible by facilitating their care in their own homes.

Senator O'Dowd said that it is difficult to get people to provide the valuable community service of home help. Many people, however, provide help voluntarily but only recently have they been paid £7 per hour, a decent wage considering the work they do. They might as well have been caring voluntarily up to now as they were not paid enough. We have to fund the provision of home help as it is an essential part of keeping people in their own homes. I welcome the additional funding allocated to train home carers, because capable and qualified people, willing to do the job properly, are needed. As Senator O'Dowd said in relation to residential units, there is nothing worse than being cared for by an incompetent carer.

The Minister of State, Deputy Moffatt, is responsible for the housing aid for the elderly scheme, although it is not relevant to this debate. No matter how much money is allocated for this valuable scheme, it will not be enough. The most important thing for an elderly person is to have adequate food and heating and a level of comfort in his or her own home. The housing aid for the elderly scheme has been particularly effective since the Minister extended it to include central heating. The more money provided to help keep people in comfort at home, the better.

We have tried to improve the standard of living of the elderly in recent years through the social welfare system. Everybody wants to be independent, but this is impossible if one is not financially independent. Life is made a little easier for people when they have money, whether they are physically able. As promised before we came into office, the Government has significantly increased old age pensions in recent years. We have extended the telephone rental allowance to everyone over 70 years, who will also receive free medical cards. Although these measures can be brushed aside as small, they are extremely important for those who fear they will be not be financially secure and thereby unable to manage in their own homes. The Department of Social, Community and Family Affairs has made huge efforts, not only financially but also by providing security systems for older people. We should target our resources in such areas.

If he is committed to keeping people in their own homes, I urge the Minister to look at the provision of social workers for the elderly. Many older people living in their own homes do not receive basic care, such as nourishment. Just as social workers are allocated to children in danger, we have to consider a system of social workers for our elderly community. We must look at new ways of helping those considered in need of extra care, or simply needing more care than can be provided at home. The system I have suggested would be beneficial as an extra support for those who look after the elderly in their homes, such as public health nurses and general practitioners. The commitment in the national development plan to further developing and extending community based services and supports, particularly day care centres and extra places in nursing units, is welcome. The most important thing for those caring for the elderly is that they get a rest as it keeps minds and bodies active. Older people are given a purpose in life if they can leave home for a short period on a couple of days each week. Social contact is important for those with limited mobility.

I welcome the Minister of State's comments in relation to the nursing homes inspectorate, especially that the social services inspectorate which looks after child residential units will be extended to units where the elderly are cared for. I agree with Senator O'Dowd that there are cases where inadequate care is given in nursing homes, such as physical or psychological mistreatment. It has to be said that the care provided in the vast majority of cases is excellent.

The care provided by nurses often goes beyond the call of duty. There is a shortage of staff in many residential units for elderly people, although I realise there is a general shortage of labour. The nature of ageing means that we must provide more total nursing care. While I agree that proper training of care assistants is necessary and that more assistants are needed, the provision of more specifically trained nurses is equally important.

I will be brief as much has been said already. I support the Government amendment. The Minister of State said he places a high value on the contribution which old people have made and continue to make to our society. When the Government came to power in 1997, it dedicated £10 million towards the care of the elderly. That sum had increased to £36 million by last year while this year more than £54 million has been allocated. That indicates the Government's commitment and demonstrates that it recognises the value of the elderly to our society.

However, this issue does not always revolve around money but about quality of life, as the Minister of State acknowledged. While money may be pumped into services for the elderly, that does not necessarily improve their quality of life. I recognise there must be a shift from residential care to looking after the elderly in their own homes and communities. There should be a commitment by all sectors of society to ensure the necessary resources are provided so that a proper infrastructure will be in place for the elderly.

The Government has committed itself in the national development plan and in other fora to provide support services for the elderly to improve their quality of life in their own homes. We should try to make old people feel as independent as possible so that they feel they belong in our society. We have a role to ensure proper home care support systems are put in place and training is provided. The public must also be educated. All of us will be old some day and we will want our families to recognise our value to society and acknowledge that the elderly must be looked up to and cared for. When I am old I hope the infrastructure will be in place to support me and many others who may not have the means to support themselves.

The Government has stated that it is committed to care for the elderly and, as the Minister of State said, much more needs to be done. Once the infrastructure is in place, it will be easy to make the system work. The Minister of State is a doctor and he has a feel for this area. This Government is the first to appoint a Minister of State with responsibility for the elderly and to ensure the proper infrastructure is in place so that support systems will be available to avoid a scenario in ten years where the elderly will have no one to care for them.

The motion is worthwhile but Fine Gael must recognise the Government has put in place the structure to address comprehensively the care of the elderly and it has outlined where we are heading in this area. It must be acknowledged the Government has made an investment which previous Governments did not even attempt to make. The appointment of a Minister of State with responsibility for the elderly is a clear indication of the Government's commitment. We will make sure that the elderly who made a significant contribution to our society as it evolved will be appreciated.

While the Celtic tiger may be roaring, people's quality of life has suffered. The manner in which parents, teachers and young people are educated is important. It is not always about money but about quality of life, which is lacking. The Minister of State must examine how the quality of life of the elderly is improved in terms of the resources invested. Support services must be provided and there must be a shift from residential care to care in the home and community. That is the Government's aim. This area is a success story which must be endorsed and I know the Government will do so.

I wish to outline a number of cases involving nursing homes which have appeared in recent reports. A report following an inspection of a nursing home in Dublin stated, "The practice of nursing staff administering 'flu vaccine to patients without medical back-up and in the absence of emergency drugs is contrary to a safe practice". In another nursing home there was no doctor's signature for medications given to a named patient. A report on an inspection of the home carried out on 22 June 2000 stated:

Another resident has not had his prescription renewed since November 1999. This resident is being physically restrained without a current authorisation from his GP. The previous authorisation is dated February 1998. We remain concerned about the welfare of this person and, again, we request that every effort be made to improve his quality of life. He remains isolated, room bound and physically restrained.

The report stated in regard to another nursing home:

However, there is still no register of chemical restraint use, although on a complete review of all drugs records, we found at least 12 residents were ordered PRN sedation, some in quite large dosages, leaving nursing staff with what we consider an excessive degree of discretion regarding the use of sedation.

I want to help keep the elderly in their homes but the reality is that more and more older people will be cared for in nursing homes and, whether we like it, such homes must come under greater scrutiny. The Minister of State said he would prefer to be an old person in an Irish nursing home rather than in an American one. However, the difference is in America if an elderly person experiences difficulties the office of the ombudsman examines the home and a vigorous independent inspectorate has been established which visits nursing homes and fines them on the spot and, if necessary, takes over the running of the home. However, in Ireland very few nursing homes are prosecuted and a different climate of inspection is needed.

I welcome much of the Minister of State's contribution and I acknowledge the work and efficiency of the social services inspectorate, particularly in regard to cases involving children. I am not worried about its title but the Minister of State must establish a dedicated, independent inspectorate to monitor care of the elderly. Perhaps he could establish a separate division within the social services inspectorate. However, it must be specialised and focus on the needs of the elderly – it is significant that the Minister of State referred to such an inspectorate in his contribution.

The Lancet recently published a study on deaths in Ireland and Norway during the winter. Both countries have a similar population and while the number of deaths as a result of cardiovascular disease is approximately the same, in the age cohort of people over 65 a significantly higher number of people die in Ireland than in Norway because they have inadequate heating in their homes. While I welcome housing aid for the elderly, many people qualify for the disabled person's grant and they can obtain up to £16,000 to carry out works on their homes to adapt them to suit their medical conditions.

However, most senior citizens who suffer from long-term illness want heating in their homes. Changes must be made in the regulations covering the disabled person's grant to include all citizens over 65 years who are living alone. If they want to install central heating, they should receive the money to do so and that would have a significant effect on their health and the quality of their lives. It is important that this is done. In exceptional circumstances the health board makes a representation to the grants section of the Department in the Minister of State's home town, Ballina. Administratively, the system is too bureaucratic and is not efficient enough, and he should make an important intervention in this regard immediately. There is no reason not to do so as such a change could have a significant long-term impact as well as allowing elderly people to stay in their own homes.

There is a potential disaster awaiting us regarding fire safety in nursing homes for the elderly. I have read many reports which have stated that fire inspections have not been carried out rigorously, if at all, and in many cases there are 12 months between each inspection. Often the fire report is not available to the inspector when he visits a home. There are many two and three storey nursing homes which cater for a significant number of highly dependent people using small cohorts of staff. In one home a nurse looks after approximately 76 patients and two care assistants help out at night. The number of inspections of these homes suggests that the danger of fire is not recognised.

It is important for the Minister of State to fast-track this issue in the Department. I have every confidence in the Minister of State's ability to deliver a service, but the Government must be involved. The document, A Framework for Quality in Long-Term Residential Care for Older People in Ireland, published by the National Council on Ageing and Older People, refers to the resources which are needed in this area. I acknowledge the Minister of State's recognition that resources are needed. The council believes that financing should be provided for a social insurance scheme that would guarantee social security in old age in the form of pensions and long-term care.

The biggest issue facing the country is how we will pay for the long-term care because the number of people living to the age of 85 will double to almost three quarters of a million in ten years. The Government must look at a mechanism whereby people can pay for health insurance to cover their long-term care because that is where the need will be.

Amendment put.

Bonner, Enda.Callanan, Peter.Chambers, Frank.Cox, Margaret.Dardis, John.Finneran, Michael.Fitzgerald, Liam.Fitzgerald, Tom.Gibbons, Jim.Glennon, Jim.Kett, Tony.

Kiely, Daniel.Kiely, Rory.Lanigan, Mick.Leonard, Ann.Lydon, Don.Mooney, Paschal.Moylan, Pat.O'Donovan, Denis.Ó Fearghail, Seán.Ó Murchú, Labhrás.Ormonde, Ann.

Níl

Burke, Paddy.Caffrey, Ernie.Coghlan, Paul.Connor, John.Coogan, Fintan.Cosgrave, Liam T.Cregan, Denis (Dino).Doyle, Joe.

Jackman, Mary.Keogh, Helen.McDonagh, Jarlath.Manning, Maurice.O'Dowd, Fergus.Ridge, Thérèse.Ross, Shane.Ryan, Brendan.

Tellers: Tá, Senators T. Fitzgerald and Gibbons; Níl, Senators D. Cregan and O'Dowd.
Amendment declared carried.
Motion, as amended, put and declared carried.

When is it proposed to sit again?

At 10.30 a.m. tomorrow.

The Seanad adjourned at 7.50 p.m. until 10.30 a.m. on Thursday, 5 July 2001.

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