Long-promised Bill to protect elderly still awaited

Inspection of nursing homes: 18 months after RTE's Leas Cross expose, an independent nursing home inspection regime has still…

Inspection of nursing homes: 18 months after RTE's Leas Cross expose, an independent nursing home inspection regime has still not been established. Miriam Donohoe, Political Staff, reports

On the day after RTÉ's damning Prime Time special on Leas Cross nursing home was broadcast in May 2005, the Taoiseach, Bertie Ahern, stood up in the Dáil and was unequivocal about the need for independent inspections of all nursing homes, both public and private.

"The Government is determined that a new and stronger regulatory system will be put in place so vulnerable people, particularly the elderly, are protected," he said. "The inspectorate will be independent of the HSE. Otherwise the HSE would be referring patients and also examining facilities. The inspectorate therefore must be independent."

But 1½ years later, the long-awaited Health Bill, 2006, which will allow for the establishment of the Health Information and Equality Authority, has still not surfaced.

In his report on Leas Cross, Prof Des O'Neill didn't hold back on his criticism of the Government in failing to put in place an inspection system. He was highly critical of what he says is the failure over many years to adequately assess the complex needs of the "frail population of older Irish people".

"With a few honourable exceptions there has been a systematic failure by governments, health boards and professional bodies to address the issue of appropriate quality of care for older people with the highest levels of health and social needs in Irish society."

He added that "urgent action" was needed to remedy this system failure so as to ensure that vulnerable older Irish people can be confident that they will be catered for in a safe and caring environment with an optimal quality of both life and care.

But how urgent is urgent? The Minister for Health, Mary Harney, promised yesterday that the Health Bill, 2006, would go to Government before the end of the month and be published before Christmas.

"I want to see it through the Oireachtas, hopefully before Easter of next year," she said. Even if she succeeds in keeping this promise, that will still be two years after the Leas Cross revelations first emerged.

When questioned about the delay in the publication of the Bill, and why it didn't have as speedy a passage through the Houses of the Oireacthas as the Nursing Homes Repayment Bill, the Minister said this was a "complex" piece of legislation involving the setting up of a whole new agency.

While the Nursing Homes Repayments Bill was "a very simple Bill", she said the Health Information and Equality Authority Bill is a major piece of health reform.

The Minister promises that the Health Bill, 2006, will allow for a robust system of inspections and for an independent, statutory body to set standards and inspect all nursing home places, both public and private. She says the Bill will also strengthen the nursing home registration and deregistration process and will allow for new standards for all long-term residential care facilities for older people that have already been prepared.

Fine Gael's frontbench spokesman Fergus O'Dowd pointed out last night that a tough new nursing home inspectorate was in fact first promised in the Dáil by the then minister of state for health, Dr Tom Moffat, in 2001. "It defies belief that we still don't have the legislation required," he said.

  • Join The Irish Times on WhatsApp and stay up to date

  • Sign up for push alerts to get the best breaking news, analysis and comment delivered directly to your phone

  • Listen to In The News podcast daily for a deep dive on the stories that matter