Bernard Durkan (Kildare North, Fine Gael) | Oireachtas source

We are at a very important juncture with this section and the ability of HIQA or any responsible body to be able to react to a case, whether it is residential, home care or whatever. It can be from Kerry to Donegal to the community healthcare organisations in my constituency in the greater Dublin area and Kildare. There are cases that should not happen in those areas.

Situations continue to happen where people are at risk or where complaints have been made and nothing has changed. People do not take the initiative of responding in the way in which they should and could respond, on the basis that they do not have responsibility or do not have direct responsibility. A divided responsibility means no responsibility at all. I am not suggesting for a minute that the Minister of State is part of that. She is not.

The fact of the matter is that it reflects on us, as members of the health committee, when we debate a subject now, given the knowledge we have and the situation that exists in, for example, Kerry, in CHOs in various other constituencies and in Donegal, where nothing ever happens. We continue just as we were. It is not attributing blame to the Minister of State, but it is an attempt to recognise that things are happening around us that should not happen in a civilised society. The investigation should be undertaken by whatever is the appropriate body and whoever is responsible. I accept the Minister of State's notion that the health services can inspect private or public institutions without warning at the drop of a hat. It is correct that they can do that. However, they will always respond by saying, "Sorry, that is a private institution and we cannot do that". Where do we go from here?

I believe the Minister of State's intentions are good, but we all are faced with reality. I should mention something that came before us in recent times where an injustice is implied and there are legal implications. I do not wish to identify it, but there is an onus on us, whenever we get the opportunity, to do something that seriously reacts to the situation that prevails, deals with it and gets it out of the way.