Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)

I will share time with Deputies Finian McGrath, Healy, Connolly and McHugh.

Tugaim tacaíocht iomlán don rún mar a bhí sé curtha síos, agus tá mé i gcoinne leasú an Rialtais.

The Minister for Health and Children stated the Government amendment repeats that the Leas Cross report cannot be published because of legal difficulties. I gcás tuairiscí eile, mar shampla, an ceann ón Ghiúistís Barron ar bhuamáil Bhaile Átha Cliath agus Mhuineacháin agus ionsaithe eile sa Stát seo a dhein Rialtas Shasana in éineacht le dílseoirí, rinneadh cinnte de gur foilsíodh iad i ndiaidh dóibh bheith curtha ar aghaidh chuig coiste cuí an Oireachtais. Dhein sé seo cinnte de go raibh na tuairiscí seo clúdaithe ag pribhléid Dála, agus lig sé do na coistí sin déileáil le hachainíocha ó dhaoine eile ar bhonn na dtuairiscí sin.

I see no reason why Professor O'Neill's report on Leas Cross cannot be published in the same manner as that outlined. Has the Government considered this option? I urge it to do so and publish the report in the manner I have suggested. The non-publication of this report means we are debating in a vacuum. It is almost unprecedented that the author of a report commissioned by the Government has had to issue a public statement urging its publication. It has been with the Minister for Health and Children since May. Why is the Minister now telling us that she believes a way can be found to publish this report? What has she been doing since May? The report should have been published a long time ago. Professor O'Neill correctly pointed out that he cannot now be expected to carry out a further investigation going beyond the terms of reference of his original investigation because of the refusal, so far, of the Government to publish his report.

When we first debated the Leas Cross scandal, Deputy Ó Caoláin, on behalf of my party, stated in this House that the questions in people's minds after the "Prime Time" programme were very simple. Why did all the organs of the State fail to protect those vulnerable old people? Why did it take a television programme to expose the scandal when such homes were supposed to be governed by the rule of law, bound by regulations and subject to inspection? In the absence of the publication of Professor O'Neill's report, we still do not have answers to those questions. Vulnerable older people and their families are still concerned about the level of protection they are offered by the State. The Government has failed to fulfil its commitment, given by the Taoiseach and the Minister for Health and Children, that an independent nursing home inspectorate would be established. That inspectorate was promised by the Government for 2005 but is still not in place. That is a scandal in itself.

The former profiteers of the Leas Cross nursing home benefited from tax incentives for the development of that facility. Tax incentives have been used by many developers to build such facilities and we challenge the use of public money in this way. The Department of Finance report on tax incentives asserts that this tax incentive scheme was one of the factors leading to an increased number of nursing home places. However, it also states: "There is considerable variation across different regions in the number of nursing home beds per capita, the costs to the operator per bed, the rate charged per bed and the average occupancy rates." The report further states:

The weekly cost of places has risen over the last number of years. Indecon survey evidence suggests that the tax incentive scheme had been ineffective in reducing the increase in the cost of nursing home accommodation.

This clearly shows the flawed Government approach of using tax incentives for developers as a means of delivering an important social service, that is, care of the elderly. The money foregone by the State through such tax incentives would have been better spent in direct provision of care for the elderly in the home, in day care centres and in residential homes established and run by the Health Service Executive and by not-for-profit organisations.

I support the motion and oppose the Government amendment.

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