Seán Power (Kildare South, Fianna Fail)

The Bill provides for the chief inspector to inspect residential centres against standards set by HIQA and regulations made by the Minister. Currently, regulations for private nursing homes are made under the Health (Nursing Homes) Act 1990 and regulations for children's residential centres are made under sections 38 and 63 of the Child Care Act 1991. Under the Bill, regulations for private nursing homes will no longer be made under the Health (Nursing Homes) Act but will instead be made under the Health Bill. While regulations in respect of registration issues for children's residential centres are also to be made under the Health Bill, it was envisaged that regulations in respect of standards of care at children's residential centres would continue to be made under the Child Care Act 1991.

Offence provisions in respect of the operation of children's residential centres would, therefore, be split between the Child Care Act and the Health Bill, with prosecutions taken by the chief inspector under both legislative measures. Following further consideration of this matter with the Parliamentary Counsel, it was subsequently decided that all the relevant regulations would best be made under the Health Bill. This would result in a more easily understood system of regulation overall. The change in approach advocated by the Parliamentary Counsel necessitated some amendments to the Health Bill and consequential amendments of the Child Care Act 1991.

Amendment No. 4 is a technical amendment to section 41, which sets out the functions of the Chief Inspector of Social Services. One of the functions under paragraph (c) is to assess whether the registered provider of a designated centre is in compliance with regulations made under the Bill or under any other Act which provides for the regulation of those centres. As all regulations will now be made under the Bill, it is proposed to delete the reference to regulations made under any other Act in paragraph (c).

Amendment No. 6 amends section 45. The Health Service Executive currently carries out inspections of children's residential centres provided by the voluntary sector. The executive also inspects private nursing homes, and section 45 of the Bill provides for a transitional arrangement whereby the Minister may require the Health Service Executive to continue to carry out inspections of children's residential centres and private nursing homes. This is intended as a temporary arrangement to facilitate the continued inspection of the relevant services pending the final establishment of all necessary arrangements, such as the transfer of staff and resources to the authority. Amendment No. 6 is a necessary technical amendment to section 45 to take account of amendments to the Child Care Act.

Section 50 deals with the grant or refusal by the Chief Inspector of Social Services of applications for registration of designated centres or applications for renewal of registration. In granting registration, the chief inspector must be satisfied that the designated centre complies with standards set by the HIQA and regulations made by the Minister. Amendment No. 7 is a technical amendment to section 50 to delete references to regulations made under the Child Care Act and to ensure that all references to regulations in the section are to regulations made under the Bill.

Section 79 provides for offences and subsection (2) of that section sets out the offences committed by a registered provider of a designated centre if the registered provider fails to discharge a duty to which he or she is subject or contravenes a provision of the regulations made in respect of the designated centre. Amendment No. 8 is a technical drafting amendment to section 79 to ensure that all relevant regulations made under the Bill are taken into account.

Section 101 allows the Minister to make regulations respecting designated centres and amendment No. 10 ensures that such regulations will now be applicable to children's residential centres. The Bill currently deletes those sections in the Child Care Act which provide for the registration of children's residential centres operated by the voluntary sector as, along with Health Service Executive residential centres, registration of these centres will now be regulated under the Health Bill. Amendments Nos. 11 and 14 are further technical amendments to the Child Care Act to delete provisions relating to the making of regulations for residential centres and related offences under that Act. These amendments are consequential to the changes made to the Health Bill, as all regulations relating to the residential centres will now be made under the Bill and offences against the regulations will be prosecuted under the Bill.

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