Fergus O'Dowd (Louth, Fine Gael)

In respect of a nursing home, the report stated that a complaint that a patient's clothes which were missing were worn by other residents was upheld. It stated that on 3 December, a particular patient was not walking or talking at all and that on 9 December his condition had deteriorated and his relatives thought he was dying. On ringing later that day, the family was informed that this patient had been transferred to hospital. The patient had been transferred without the family's knowledge. The report stated that this patient had pressure sores that were not dressed, had bruising on the shin, was totally dehydrated, had a possible fractured hip and a chest infection and was unable to speak. All these complaints were upheld. The report stated that there was one recorded fall on the admission chart but the complainant had witnessed at least two. This poor person was sent by ambulance to hospital wearing only his pyjamas. No bag was sent with him. There were other significant breaches. There was a delay by staff in changing incontinence wear. Significant sores were evident on the heels of the patient immediately following her discharge. The finding of the report was clear, namely, that no formal arrangements were in place for a matron or nurse in charge during the first eight months of 2003. This home was being run by a doctor but he had no matron in charge. In effect, nobody was running the place. This information was given to the Department in September 2004. It is now January 2007 and there is still no legislation to protect those people. It was stated that the exceptionally low level of nursing staff should be taken into account. The report continued in that vein. I could not get this document from the HSE because somebody appealed it to the Information Commissioner, as was their right. I received a copy yesterday by fax. It is important to note both how long it took to get the report and for the Government to act.

Reference is made to an absconscion. This term relates to a person leaving a nursing home through wandering due to Alzheimer's disease or other dementia or whether he or she just left. The details are in the report. The investigation team noted in respect of the absconscion that the medical officer-proprietor provided an account of it in the nursing notes despite the fact that he was not present in the nursing home immediately prior to or in the course of the absconscion. The investigating team found this to be highly irregular, not in accordance with good practice but consistent with the poor recording of adverse incidents in respect of each of the incidences examined by the team.

The reality is the Government knew how bad the nursing home was, as it was told by the HSE. In 2003 a health board official stated no sick person should be sent there but people continued to be sent there and the Minister did nothing about it. That is where all of this comes together today. The Minister refused to act on the clear recommendations of this report. I will provide this document by Mr. Conal Devine to the House. The investigation team strongly recommended that the current nursing home regulations would be revised in their entirety. It went through them and made detailed recommendations on what should happen to bring about change. That was in September 2004. When the Minister, Deputy Harney, went into office she made a strong statement about care of the elderly. This report was in her Department and may have been on her desk but she did not act on it and has not acted on it yet.

An inquiry needs to be made into this nursing home, in addition to Leas Cross, Bedford House which was run by a doctor also, Rathfarnham nursing home, Conifer House, Devey Healthcare and Castlelodge. All these nursing homes have given the HSE grave cause for concern. We need an investigation but most of all we need the public to make a judgment on the Minister of State, Deputy Seán Power, and his leadership on this issue.

I received an e-mail from the HSE in Cork today regarding the registration details of St. Albert's nursing home. The date of first registration was 1 September 1994. The registered proprietor was Dr. Martin Moloney. The address of the nursing home was St. Albert's Nursing Home, Blairs Hill, Sunday's Well, Cork. This nursing home was subsequently re-registered in 1997, 2000 and 2003. I stress that the ownership of this nursing home changed on 1 January 2006 and Dr. Moloney no longer has any involvement in it. Nothing I have said pertains in any way to the current owners of that nursing home.

I have raised this issue time and again in the House. The Bill will not change anything unless it includes a bill outlining rights of residents. Many countries have such a bill of rights for care of the elderly in nursing homes. Rights are identified and included in legislation which can be protected and defended. The Government allows people to be treated in an appalling way. In this case the Government cannot escape the fact that it was told what was happening and that the information was on the Minister's desk. In spite of this, the Minister did not act to protect those people, nor did the doctor who ran the home. It is an appalling shame that Bedford House and St. Albert's were run by consultant doctors. They betrayed a basic and fundamental trust. One assumes it is good to have a doctor running a nursing home, and that is true in many cases, but in these two cases it was not.

I only received the report yesterday. Will the Minister of State indicate if the documents were sent to the Director of Public Prosecutions or the Medical Council? If they have not been, I urge him to do so now. I also urge him to send all the records in the possession of the HSE pertaining to the nursing homes to which I referred to the Garda for investigation. It is essential we get accountability, in a political sense from the Minister, but also from the administrators and the medical profession. What happened was shameful and we must ensure it never happens again.

I do not believe the Minister of State, Deputy Seán Power, has the capacity, determination or commitment to change things. The Government merely offers window dressing. It did nothing for many years in spite of knowing how bad was the situation. It is unforgivable that these people were allowed to be treated so appallingly, disgracefully and shamefully at a time when so much money is available to provide care and attention for them. The Government stands indicted once again in the court of public opinion. In the coming general election we will make it clear where the Government failed to provide leadership in health care. It ignored the facts and let old people die in appalling, shameful and disgraceful circumstances.

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