Dáil Éireann Debate, Thursday - 2 December 2004
5 Mr. S. Ryan asked the Tánaiste and Minister for Health and Children if she has satisfied herself that the Health (Nursing Homes) Act 1990 is being implemented in respect of inspections of private nursing homes; if the statutory requirement of two inspections per year is being met; the problems that are being identified in respect of the inspection of nursing homes; and if she will make a statement on the matter. [31859/04]
Amharc ar fhreagraUnder the Health (Nursing Homes) Act 1990, the inspection of private nursing homes is the responsibility of the health boards. Regulations made under that Act empower health boards to inspect private nursing homes. Having made inquiries of the health boards and the Eastern Regional Health Authority, I am satisfied that the nursing home regulations are being implemented. In the majority of health board areas the requirement of two inspections per year is being met. Health boards which are not meeting the requirement have advanced reasons for this, including the following: the two inspections may not have been carried out strictly within a 12-month period but would have been carried out shortly afterwards and the statutory requirement for six-monthly inspections was being met by environmental health officers. However, the requirement for twice-yearly inspections by the medical and nursing inspection teams was not being met in full in the case of all nursing homes. In many instances these nursing homes would be inspected more than twice a year arising from issues identified in routine inspections or where a change occurred relating to registration details.
An additional factor mentioned by one health board was an increase of 130% in the number of nursing homes established in its functional area over the past two years which has put extra pressure on the nursing home inspection team.
In the context of the health reform programme, added emphasis is being placed on the setting and monitoring of standards generally. It is also planned to extend the brief of the social services inspectorate to include residential services for older people and people with a disability and to establish it on a statutory basis. Building on the existing framework for inspections, my Department is satisfied that these additional measures give grounds for added public confidence in the effectiveness of the inspections regime.
Is it acceptable to the Minister of State that there are no inspections of the State's 500 public nursing homes caring for up to 10,000 residents? Is he satisfied that the range of inspections is sufficiently broad to provide information about the quality of life of the elderly residents? Will the Minister of State inform the House of the number of legal cases being processed by the health boards against private nursing homes? Are the health boards sufficiently rigorous in following up problems? There may not be alternative accommodation available if nursing homes are closed down by health boards.
The Deputy raised the matter of private nursing homes, not nursing homes directly administered by the State.
I asked the Minister of State a question and he should know the answer.
I will answer the Deputy but it is not the question he asked.
The Minister of State is wasting time. He should answer the question.
If the Deputy wishes to ask a question he should formulate the question and table it. He asked a question about private nursing homes and I answered it. On the question of nursing homes under State direction, the position is — I share the concern outlined by the Deputy in this regard — that it will be addressed in the quality legislation to be introduced early next year. The assumption is that the State conducts its business in accordance with proper practices. The inspection requirement is imposed on private nursing homes, as is referred to in the Deputy's question. The Deputy raised a very fair question and it will be addressed in the legislation on the quality issues and the establishment in the new year of the health information and quality authority.
Will the Minister of State respond to the important question on the number of legal cases the health boards are processing against private nursing homes for breach of regulations?
I will furnish the Deputy with the information if he requires it. The number of prosecutions taken did not arise in the Deputy's question in which he asked about inspections. I will, however, give him information on prosecutions. While I do not propose to comment on the merits of a particular case because it is still before the courts and must take its course, the difficulty which arose in the High Court in the case in question was jurisdictional in nature. The matter is still before the District Court.
Does the Minister of State accept, given the importance of the issue, that the inspectorate reports should be made publicly available or a mechanism established to bring them to the attention of the House or a committee thereof?
Yes, I agree. The issue can be addressed under health legislation currently in committee. Clearly, these matters should be brought to the attention of the Oireachtas under the new structures to be established under the legislation. At present, it is a matter for individual health boards to seek the information in question in the context of performing their duties.
