Three weeks ago today, on 31 May, we discussed the Leas Cross nursing home and the unacceptable practices that the "Prime Time" television programme exposed there. Today we read that the Health Service Executive is to move all public patients out of Leas Cross and have the nursing home closed. Such a level of activity on the part of the Health Service Executive since the "Prime Time" programme is welcome. However, it cannot disguise the failure of the health authorities to act sooner regarding the home in question. The Eastern Health Board report on Leas Cross of 2 June 2004 — more than a year ago — which my colleague, Deputy O'Dowd, has obtained under the Freedom of Information Act, makes it clear that a consultant's report on Leas Cross was awaited and that future registration of that nursing home would depend on the findings of that report. The report in question was by Mr. Martin Hynes and was commissioned following the death of Mr. Peter McKenna, who was transferred to Leas Cross from St. Michael's House.

At Leaders' Questions on 1 June, Deputy Rabbitte suggested to the Taoiseach that he should make himself aware of the McKenna case. In a newspaper article on 7 June this year, the following was said about the late Peter McKenna.

He'd had a recent stroke. He was blind. And he couldn't communicate. The bottom half of his body was blackened as a result of blood poisoning. When he had arrived in Beaumont Hospital earlier that evening they discovered that he was completely dehydrated. Those supposed to be caring for him hadn't even had the wit to see that he was in terrible thirst.

It went on to say:

When he died, a fortnight later, the catheter was still there, untended, untreated, uncleaned. Almost certainly, it was the failure to deal properly with the catheter that caused the blood poisoning that brought him to die in pain.

Can the Taoiseach confirm that the Hynes report was received by the health authorities last autumn? Can he confirm that the draft report raised serious questions about the level of care in Leas Cross and also drew attention to the unusually high number of deaths of patients transferred to that nursing home from a nearby psychiatric facility? Can he confirm that Mr. Hynes's final report is very critical of the way that the health authorities inspected Leas Cross? Will he undertake to publish the Hynes report immediately?

I will deal with those issues first. I understand that the report was received by the health authorities last autumn and that it was very critical and raised serious issues. All those points that the Deputy has raised are correct.

On the first part of the Deputy's question, I repeat the Government's concern at the situation in the Leas Cross nursing home. The nursing home has been monitored by Health Service Executive staff during the last three weeks, as it was in the period prior to that. The primary concern remains patient safety and the level and standards of care. The HSE has therefore decided to move the public patients and those in receipt of subvention out of Leas Cross nursing home. The executive will consult relatives concerning the movement of patients from the home and will take into account the needs of individual patients. Relatives have their concerns which they have been expressing on the airwaves as well as to the HSE.

The executive will consult private patients in the home on its concerns regarding patient safety, the overall level of patient care and the need for alternative arrangements. The decision to move the patients has been taken following a detailed assessment by the HSE since the time I last reported to the House on this matter. This detailed assessment of the care situation took place over recent weeks and was carried out by a dedicated team, including a geriatrician. That is why the executive has made this decision and is considering action to take the nursing home off the register.

While I understand the points made by the Deputy are correct, I cannot answer his question about the publication of the report. We must take legal advice in this regard. The HSE is taking immediate steps to evaluate the current inspection procedures to ensure there will be a national approach to these issues. A review has already commenced in the eastern region and that will be included in the national process.

In his Ard-Fheis speech two years ago, the Taoiseach said in respect of those who would put their own interests before the national interest that he would see to it that his Government would use all its power to put the people first. On 1 June, the Taoiseach told the House, "the problem in the Leas Cross case was not a lack of inspections". Are we to understand that the nursing home management was notified of inspections to take place? If there were adequate inspections, why did they not uncover the gross incompetence and appalling behaviour at this nursing home? Why did we have to wait for a "Prime Time" report to have this information published nationally? What does the Hynes report say about these inspections?

The Taoiseach's response in this matter has been to again engage in what has become the mantra for this Government of hand wringing and excuses. Nobody stands up, nobody takes responsibility and nobody is to blame because nobody cares. The complacency and arrogance that have crept into the Government will not wash anymore.

If the Taoiseach believes the Government is in a position to look after the elderly and that it wants them, in many cases, to have the facility to stay in their homes rather than be obliged to go to institutions, why is it that in response to a Dáil question in April last year to Deputy Neville, the then Minister for Health and Children said that 8.8 million hours of home help were provided in 2003 but the HSE's recent national plan makes it clear that only 6.9 million were provided last year and the same for this year? This is an appalling scandal.

Does the Taoiseach agree that the ship of State he is guiding is holed below the plimsoll line and is sinking fast? This type of ineptitude, incompetence, arrogance and uncaring attitude will ultimately bring about his demise at the hands of the people.

Hear, hear.

To take an individual case and build from that, as Deputy Kenny is doing, is an unfair way to portray the health system. I will not get into that. As I said previously, there was a procedure of inspection in place at Leas Cross. I have already explained to the House how those inspections were done. I explained that notice was given when inspections were not of a medical or nursing nature but were to do with the governance of the nursing home. However, this was not the case in respect of many of the inspections that took place. The staff at Leas Cross believe the nursing home management was listening to and taking account of what they were saying. The Hynes report was concerned with an individual case.

Notwithstanding all that, many people in Leas Cross are now upset that the HSE believes they should be moved because it cannot stand over the care issue. This is the right action for the executive to take from a medical point of view and based on a geriatrician's report. I am not qualified or competent to undertake inspections. The HSE has ground rules in place for the conduct of inspections and I am not sure what is the Deputy's point in this regard.

Will the Taoiseach publish the report?

I have already said that I do not have any difficulty with the report being published if it is legally permissible to do so, but it is a legal issue.

I have already pointed out many times, as the Tánaiste has, that the health inspectorate legislation is in place for governing a properly resourced health inspectorate, for both private and general nursing homes. There are significant numbers of patients in both private and public nursing homes who are being well cared for, well monitored and well assessed. The scare tactic of focusing on one case and trying to frighten all elderly people is unacceptable. Where there is a problem, there are competent staff who do their utmost to ensure the highest standards are maintained. That is the way to deal with these issues.