Pat Breen (Clare, Fine Gael)

I commend Deputy O'Dowd for his emotional contribution. He has obviously put much time and research into this important subject, which has been highlighted by the Fine Gael motion.

Like most of my colleagues, I recognise that excellent nursing homes exist, providing excellent care, and that many occupants are happy with that care and their surroundings. However, I compliment the makers of last night's "Prime Time" programme for their efforts in highlighting the issue.

It is sad that the Taoiseach takes a narrow view of the problems highlighted in the Dáil today. Instead of surmising it would be fair to conclude that some other nursing homes have similar problems, he preferred to suggest the problem at Leas Cross is an isolated one. A critical situation exists and people's lives are at risk. The Taoiseach said that nursing home staff have a responsibility to highlight care issues and I hope he is considering legislation to protect whistleblowers. Does he think staff will be thanked by management for highlighting issues of neglect?

I have visited many private nursing homes in County Clare and the shortage of beds makes it difficult for patients to get into nursing homes for a short or long-term stay. As a result many patients had nowhere to go this winter which put huge pressure on health services throughout the county. There is an urgent need for more private nursing homes in a properly protected environment. However, there is also a need for more long-stay beds and their closure is a disgrace. Some 147 public long-stay beds have been closed in the west since 1997, forcing elderly people into nursing homes and their families to pay huge sums of money for care.

In my constituency of County Clare the minimum legal standard of two inspections per year was met and the eight nursing homes were inspected twice last year. In the remaining area of the former Mid-Western Health Board, north Tipperary's 13 nursing homes were also inspected twice. In the Minister of State's area of Limerick, 18 of the 20 nursing homes were inspected twice and the remaining two were inspected three times or more during that period. Those two nursing homes received adverse reports.

The key problem highlighted in last night's "Prime Time" was that ultimate sanction does not apply. The law does not allow for nursing homes to be closed for repeated offences. If it did, the Health Service Executive would not have alternative facilities to house the occupants. I am not suggesting that the nursing homes in Limerick deserve ultimate sanction. However, such sanction does not exist.

The figures also highlight that the number of inspections is too low. Last night's programme indicated the laughable fact that nursing homes may not be aware of the inspections in advance. Inspections should dramatically increase when a nursing home receives adverse reports. If the home cannot be closed it should at least be subject to unannounced weekly, even daily, inspections if required. Some might call this harassment, but it is better than the harassment experienced by ill-treated and vulnerable people who have spent the best part of their years building up this State to what it is today. The Government claims responsibility for the Celtic tiger but the foundations of our success were laid by hard-working people, many of whom are now in nursing homes. They paid high taxes on low wages and should be allowed to enjoy their twilight years.

The Taoiseach has given assurances on new powers of social services inspectors based on the legislation being drafted. The situation calls for urgent review. Deputy O'Dowd has been calling for such a review of this legislation in recent years to allow for absolute sanctions, the closure of nursing homes, the transfer of occupants, the independence of the inspectorate and the resources required to protect nursing staff should they expose neglect.

The Minister of State, Deputy Tim O'Malley, has just left the House and has been replaced by the Minister of State, Deputy Sean Power. He should, in his contribution this evening, indicate that some measure will be put in place to protect these people who paid high taxes throughout their lives. They are at a vulnerable age and must be protected.

I commend Deputies Twomey and O'Dowd for putting forward this timely motion. We must take action now and it is up to the Minister of State to improve the situation.

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