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Dáil
‹ Ceisteanna ó Cheannairí - Leaders' Questions

Nursing home safeguarding legislation

Summary

Ivana Bacik returned to the nursing home abuse scandal, seeking a clear timeline for safeguarding legislation and stronger complaint-escalation routes. The Taoiseach said existing legislation and HIQA powers already allow intervention, including removal of registrations, and noted that HIQA itself had highlighted changed circumstances at one home.

Last week on Wednesday, and again on Thursday, I and Deputy Sherlock raised on Leaders' Questions the scandal of abuse in nursing homes. We sought assurances from the Taoiseach on Wednesday and from the Tánaiste on Thursday in respect of protections against abuse. This week again we see more serious concerns raised, with HIQA's interim report released last night revealing to us that HIQA had heard of the 200 allegations of abuse against residents in Beneavin Manor made since 2022 and 40 more were disclosed in respect of residents in Portlaoise.

It is no exaggeration to say that trust in the model of private and for-profit nursing home care has been shattered since Aoife Hegarty and her RTÉ team broadcast the coverage of abuse and neglect of residents in those homes. Faith in the system of inspections has also been greatly damaged in this time. Unfortunately, the presentations of HIQA's CEO and chief inspectors at this morning's health committee have raised more questions than answers about the system of inspection and oversight. Residents of nursing homes deserves security, safety and dignity. That is all any of us want for ourselves and for our loved ones. We want to know that complaints will be taken seriously, that there will be zero tolerance of abuse, and that there will be real consequences for those who carry out abuse or for the management of nursing homes where abuse is carried out and facilitated.

The presentations made before today's meeting of the health committee will not have reassured anyone. Inconsistencies permeate in the interim report and in the opening statement. The process in place for escalating complaints, in particular, remains really unclear. HIQA's sole tool for responding to complaints appears to be restricting admissions, short of making a report to the Garda. What use is restricting admissions for those already resident in a home? Shockingly, it seems that an impugned home arguably has more authority to lift the restriction than even HIQA does. There is an issue about consequences. Serious concerns therefore remain about HIQA's capacity to keep nursing home residents safe.

There is also a pressing issue which arises from this morning's hearing. The report HIQA published last night gave the impression that the organisation was not on notice of all that the RTÉ team had unveiled prior to broadcast, and that the HIQA team did not know about it in advance. However, information shared with my colleague, Deputy Sherlock, shows that HIQA had received detailed protected disclosures prior to broadcast and that it received seven pages of correspondence from Aoife Hegarty herself 12 days before broadcast. This information included allegations relating to a third nursing home not featured in the RTÉ programme. When Deputy Sherlock asked this morning about this, HIQA's chief inspector was nothing short of evasive.

People need to know the extent of abuse in nursing homes. We need assurances that HIQA is capable of investigating and effectively addressing abuse. The horror stories of private nursing home facilities are spreading. We are all hearing them. Will the Taoiseach tell us how many Audeon Guys are suffering in silence throughout the country today? What will the Taoiseach do to ensure there is effective safeguarding in place? Will he introduce legislation before the summer recess? Will he ensure that HIQA has the necessary teeth to deliver sanctions where abuse occurs?

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Verona Murphy An Ceann Comhairle Independent

Thank you, Deputy. I call the Taoiseach.

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I fully agree with what Deputy Bacik is saying in respect of people's entitlement and families when they place their loved ones into nursing homes. It is absolutely shocking and scandalous there would be any abuse of people residing and living nursing homes. There is a range of existing legislation, including the 2007 Act amended on a number of occasions. There are a lot of measures and powers available to HIQA in respect of this. There is a forthcoming national policy on adult safeguarding for the health and social care sector. This will set out how existing protections can be strengthened. It will be brought to the Government shortly. It will commit to the development of adult safeguarding legislation for the sector. We have included a health (adult safeguarding) Bill in our legislative programme to facilitate this.

It is complex stuff. Let us not pretend. When events of this kind happen, people tend to rush and say "This is the answer". A more comprehensive response is required, including adult safeguarding legislation. I fully agree with the Deputy on that. I have no issue with larger fines being levied but I believe, and this is a difficult balance, the option of closing has to be on the table. Otherwise, people will not fear. I recall that eight or nine years ago, when HIQA was going to various facilities, people would object and say it could not close them. I am just saying this as something I believe. Yes, it is then up to the HSE and others to resolve the consequential crisis that occurs if a decision to close is made. We should not baulk from that decision because of that. That would send a real message, but not just a message, because it is an action and an intervention which is allowed for under the law. If there is a series of non-compliance, as seems to be the case in respect of the interim report from HIQA, that option should be on the table.

If the Deputy has noticed what has happened since the "RTÉ Investigates" programme, safeguarding teams have gone in. The director of nursing of the HSE has sent them in now. Where the protection of people is involved, the HSE has every remit to get involved and protect, which we did during Covid. There was huge support of nursing homes during Covid because it was adjudged they were not in a position to deal with the wider impact of Covid. Huge State supports went into nursing homes via the Health Service Executive. Where alarm bells are raised and there is a clear issue around the protection of people and the prevention of abuse, there needs to be an intervention by the health authorities, once HIQA has raised the alarms, to safeguard people. That is already there and can be done.

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On the safeguarding piece, we are not rushing into this. The Law Reform Commission published a report last year. Just two weeks ago, Safeguarding Ireland published a clear blueprint of pathways and necessary steps for the Government to take. During debates on nursing home care, I think the Minister of State with responsibility for older persons said the safeguarding Bill would be introduced in this House before the summer recess.

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Who said that?

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I understand the Minister of State, Deputy O'Donnell, said that during the debate. We need clarity and a timeline, with respect, on the safeguarding legislation and, crucially, on the issue of HIQA powers. People are desperately seeking a clear pathway for making complaints, including a pathway to escalate a complaint. That is sadly lacking. As the Taoiseach rightly said, people are seeking a clear indication that HIQA has effective sanctions available to it, including the sanction of temporary closure, if necessary. I sat yesterday in a café in my constituency with a family whose mother had been severely badly treated in a nursing home. They pointed out to me that the café could be closed temporarily if food standards fell short of statutory rules, but the nursing home cannot be shut down in the same way. That is where we need to go. We need effective sanctions and effective complaint pathways.

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The power to remove or cancel a registration is there.

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I raised short-term closures.

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Eight nursing homes had their registration removed last year. It has happened and can happen. Looking at the protected disclosures and the list of complaints in respect of these nursing homes, one could argue that the case merited that type of intervention. However, I think the interim report contains an argument made by HIQA that the profile of one of the nursing homes was completely changed from the time of the inspection in November to February. That is what HIQA is saying in terms of numbers and so on and the nature of them. Legislation on its own is important, but so are behaviour and obligations. Nursing homes have obligations. Some very good nursing homes fulfil their obligations. There is a more fundamental point, which we should come back to again as an Oireachtas, in terms of what the balance is between public, private and home care. Most home care will be private.

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