Dáil debates

Tuesday, 14 July 2015

Draft Ombudsman Act 1980 (Section 1A) (No. 2) Order 2015: Motion

 

6:50 pm

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein) | Oireachtas source

I welcome the extension by the Minister for Public Expenditure and Reform of the jurisdiction of the Ombudsman to accept complaints on behalf of residents in private nursing homes. Anyone who pays attention to the media reports regarding standard of care in nursing homes across the State is aware that there are widely differing experiences in the care of our vulnerable and elderly citizens. I believe that the experience of most is right and proper but we know that we must remain vigilant or we risk allowing special and wonderful people to be cut off completely from the rest of society. As many as 22,500 people will now be able to avail of this extension to the remit of Peter Tyndall's office if, for whatever reason, they or their loved ones need to.

The current situation where those residing in private nursing homes have to rely on making a complaint to those in charge of the facility is far from ideal. Many families are scared of making such complaints as they fear that they might be seen as troublemakers and lose their loved ones' places. It is also of concern that the Ombudsman and others, including this Deputy, have been calling for this since 2013 but it is only now coming into place. I am not so naive to believe that all residents in private facilities are treated with the standards we expect. To have to wait for two years to have access to an independent complaints process must have been an eternity for some. Indeed, some will have passed away without having had such access. This fact must spur the Minister to now act with urgency.

I appreciate that there were issues involved in bringing private facilities under the Ombudsman's remit. Whether the residents or the units themselves get State funding is relevant but it should not be allowed to bring such a necessary process to a halt. This issue raises its ugly head across the board. When State services are privatised, they are often no longer under the jurisdiction of the Ombudsman. We saw this in the case of Uisce Éireann and its removal from the jurisdiction of Peter Tyndall's office. This was particularly galling given that this body acts as if it is not accountable to anyone. Direct Provision must also be brought under the jurisdiction of the Ombudsman. This system, as it is currently operated, is an abuse of basic freedoms and should be abolished.

In May of this year, Sean Moynihan, the CEO of Alone, raised the private nursing home issue with me. At that time, concerns were being raised about HSE facilities in various areas. I stated then that private residential facilities should be open to further scrutiny, including that of the Ombudsman. I wrote to the Minister for Health on this subject and, in turn, contacted the Minister for Public Expenditure and Reform. The RTE "Prime Time" television programme on Áras Attracta, which was broadcast on 9 December 2014, showed hidden camera footage of appalling standards of care for residents in one of the bungalows in that complex. We must operate on the presumption that such disgraceful conduct might well be replicated in units in the private sector.

In discussing this motion, we must not lose sight of the fact that one in three people in nursing home care in this State could be supported to live in the community. The Government must act to ensure that anyone who wants to can live at home with appropriate supports. This is right and proper for those concerned and proves more affordable for the State. We need to be aware of this given that it is predicated that by 2026, 16% of the population will be over 65, myself included. A related matter is a patient safety authority, which I have previously proposed. Such a body would be able to enforce the standards laid out, investigated and reported on by HIQA. It is important that this body would also cover private sector settings. Such an authority would be able to ensure implementation of recommendations arising from HIQA reports and to ensure that quality and standards are kept high throughout the State.

Cuirim an-fháilte roimh leathnú chumhachtaí an Ombudsman do dhaoine atá ina gcónaí i dtithe altranais príobháideacha. Ciallaíonn sé seo go mbeidh muid in ann tuilleadh muiníne a bheith againn as na caighdeáin atá ar fáil sna hionaid seo. Cinntíonn sé gur féidir le daoine agus le teaghlaigh cabhair agus cúnamh a fháil ó fhoras neamhspleách agus iad ag dul i ngleic le seirbhísí nach bhfuil ag feidhmiú mar is ceart.

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