Fergus O'Dowd (Louth, Fine Gael)

I congratulate the Labour Party on introducing this Bill. I empathise and sympathise with the Nowlan family. In the short time available I wish to make a couple of points, one of which concerns people who have died in nursing homes during the years. As I understand it, various coroners have different rules. The Minister wrote to all coroners insisting they carry out their work in a specific way, but I am not aware that every single coroner has done this. Among the obligations on nursing homes is that they report a death to the Health Service Executive within 48 hours. In addition, if the deceased person had not been visited by a doctor in the preceding four weeks, the nursing home must inform the coroner. However, this does not happen in every case, which is one of the issues that has arisen.

We have had appalling situations where people died in nursing homes and were buried without the coroner being informed and a death certificate being issued. That is a serious and important issue. I have spoken to a number of coroners about the matter. The County Dublin coroner, in particular, has drawn the attention of the HSE to the issue. I appreciate that we are all acting together on it. I ask the Minister to use his good offices to get the best possible system in operation for those who die in nursing homes in order that there will be proper and full obedience with the rules and that the coroner is informed when he or she ought to be.

I have submitted freedom of information requests to all Health Service Executive areas because I am trying to get all coroners' reports, comments and views into the public domain. One particular Health Service Executive area has refused to give the information to me on the grounds that it must consult the people mentioned. Outside the Freedom of Information Act, perhaps the Minister would use his good offices to avail of the collective wisdom of all coroners as expressed by them in recent years in order that when he adds this to the legislation he intends to introduce, we will have full and proper vigilance on how people die in nursing homes.

An inquest takes place when a person dies in a nursing home, but a coroner can only take into account the facts as they are presented to him or her. In the case of poor nursing homes, which I stress are in the minority, evidence of appalling standards of care cannot be brought before inquest proceedings. If the HSE reports on the lack of care in a minority of nursing homes could be presented to coroners, it would change their views on how some people have died in a minority of cases, whether as a result of natural causes or absolute neglect as I believe happened in some cases.

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