Holly Cairns (Cork South West, Social Democrats) | Oireachtas source

Congregated settings are a clear example of a State failure to enable individuals to choose to live independently and be part of a community, as required under Article 19 of the United Nations Convention on the Rights of Persons with Disabilities, UNCRPD. This report highlights that the people concerned have no option but to live in nursing homes due to the lack of support from the State. Those who were interviewed for the report stated that they wished to live at home, but they cannot. Several people interviewed mentioned that their experience can feel like being in jail. This situation affects at least 1,300 people. As the Ombudsman acknowledges, however, the total could be much higher. I have repeatedly sought information regarding the number of people under the age of 65 in nursing homes in Cork. The HSE has been unable to provide me with those figures.

My first question is for the Ombudsman. He highlighted the lack of a statutory right to home care. Will he elaborate on the impact that situation is having, in specific and general contexts?

I will now turn to the witnesses from the Department of Health. I apologise for arriving late. A meeting of the Joint Committee on Children, Equality, Disability, Integration and Youth was also under way. Deputy Hourigan touched on my next issue. As well as failing to realise their rights under the UNCRPD, forcing people under the age of 65 into nursing homes has significant impacts on their overall health and dignity and puts those people at an additional risk during this pandemic. The language used in the Department's opening statement, and also in the submission it made to the committee in May, does not reflect the seriousness of the nature of this topic and nor has an apology been afforded to the people affected. The commitment given is to transition 18 people under the age of 65 from nursing homes. Overall, that is 18 people from at least 1,300 people, which is less than 2% of the total.

The witnesses referred to this process taking time, but it will take the same amount of time for everybody. Why are we starting with just 18 people? If we started with more people now, the successful completion of this process would presumably take less time. What more concrete assurances can be given to this committee to demonstrate that the Department is responding to the situation with the kind of immediacy required? Will the Department commit to providing this committee with figures for the total number of people under the age of 65 resident in nursing homes and for individual areas?

It is important to acknowledge the work of the Ombudsman in this area. He commenced an investigation on his own initiative and he has amplified the voices of the people affected. I also thank bodies such as the Irish Human Rights and Equality Commission, IHREC, the Disability Federation of Ireland, DFI, and Inclusion Ireland, that have repeatedly raised these issues.