Oireachtas Joint and Select Committees

Wednesday, 23 November 2022

Joint Oireachtas Committee on Health

General Scheme of the Health (Amendment) Bill 2022: Department of Health

Photo of David CullinaneDavid Cullinane (Waterford, Sinn Fein) | Oireachtas source

That is good. I will speak about non-compliance notices, which I called for in a document I published on this whole area last year. I did so on the back of considerable engagement I had with the sector, HIQA, nursing homes and so on. While I get the importance of non-compliance notices, it is important that they do not become overly bureaucratic and that they work. When policy hits reality we find out whether these things work. A more graduated proportionality-based response is what we need. I gave the example in the past of inspections in workplaces. Compliance notices are issued by the Health and Safety Authority and these can vary in nature. We all know there are difficulties at times in nursing homes or any designated centre and the vast majority of them will do their best. The stick does not always have to be used. However, compliance notices are a very good way of getting improvements. I hope we will see a fundamental shift whereby this works with centres and gives them the tools to improve. I am not convinced that what I have seen in the Bill gets that right. I have a concern that we could end up with a model that is overly bureaucratic. In looking at this Bill and what is being proposed, was the Health and Safety Authority model considered? Have other models outside Ireland been looked at? Does Ms Casey share my concern in relation to non-compliance notices that if we have an excessive focus on those, we could end up with an overly bureaucratic system that creates a rigid structure? That would then become the issue, as opposed to actually dealing with the problem. Could a more graduated proportionality-based response be considered at this stage?

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