Bernard Durkan (Kildare North, Fine Gael)

I propose to share time with Deputy Neville. Each of us has at least 20 minutes to speak in this debate and I would hate to think that the House might adjourn early when, owing to time constraints, we have been forced to share time.

Several issues must be addressed regarding this legislation. I have listened with interest to the various speakers who have welcomed the legislation and said that without it, we should not and could not proceed. However, that is not the case. Legislation was already in place to ensure that adequate inspections took place in all institutions and that the legal standards and guidelines were observed. Why they were not enforced in the cases referred to I do not know. To suggest in any quarter that the laws or available resources were insufficient is absolute balderdash. There is no question that what was lacking was the will.

Some 25 years ago, adequate procedures were put in place to ensure that the highest possible standards prevailed in all institutions. Criticism used to be levelled at the health boards that they were not enforcing legislation in their own institutions that applied to others. When people on the Government side of the House or anywhere else complain that the legislation is not there to ensure that the highest standards prevail, that is absolute and total rubbish.

I point out that a great number — the vast majority — of nursing homes in this country do a great job, providing a very high quality, compassionate and caring service. They are controlled and managed by people with the patients' interests at heart. Without their services in recent years, it would not have been possible to cater for those who required intensive nursing care. I pay particular compliment to the public in nursing homes and hospitals that provide geriatric care and in some cases psychogeriatric care. They rendered a tremendously compassionate and caring service, setting a very high standard.

Against that backdrop, the suggestion that legislation needs to be introduced or amended is absolute tommyrot, and I reject it in its entirety. Such a situation never obtained and it is only because people would not do their job when asked that this has happened. That has become quite commonplace and the HSE is a total failure.

See this speech in context