James Reilly (Dublin North, Fine Gael)

I move:

That Dáil Éireann:

welcomes the publication of the investigation by the Office of the Ombudsman entitled, "Who Cares? – An Investigation into the Right to Nursing Home Care in Ireland", and notes with serious concern:

— that the Ombudsman encountered unprecedented opposition and a lack of co-operation from the Department of Health and Children and the HSE in the course of conducting this investigation;

— that thousands of old people may have been deprived of their legal entitlement to nursing home care, under the Health Act 1970, for over four decades;

— that the Government has consistently failed to clarify entitlements to nursing home care, causing huge frustration and anxiety among older people and their families;

— that vulnerable older people have been forced to seek care in private homes, at huge cost to themselves and their families;

— that the State currently faces more than 300 legal actions from people seeking compensation for costs incurred from private nursing home care;

— that the cap on the fair deal scheme may force older people to pay for private nursing home care yet again;

— that in 2004 the State was forced to repay nursing home charges it illegally imposed on thousands of older people who held medical cards; and

— the persistent refusal of the Government to acknowledge the findings of reports published by the Office of the Ombudsman, and the serious implications this has for the future effectiveness of the Office of the Ombudsman; and

condemns the Department of Health and Children for its failure to cooperate adequately with the Ombudsman's investigation and calls on the Government to clarify the legal position regarding nursing home care.

I propose to share time with Deputies Noel Coonan, Seymour Crawford, Michael Creed and Michael Ring.

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