Stephen Donnelly (Wicklow, Fianna Fail) | Oireachtas source

I thank Deputy O'Rourke for raising this and acknowledge his kind words. The Deputy has raised this issue and continues to do so, and is advocating strongly on it. It may be useful if I read out the official position which sets out the statutory framework on what is happening. Before I do so, I will answer the Deputy's questions directly. I took down three, but I think there were more. On when the Department was told of the issues, I will find out for the Deputy. This question was not included in his original Topical Issue. I do not know the answer but I will find it and revert to the Deputy. On whether we have a report, none has yet been submitted to my Department. We will examine it as soon as it arrives. On whether we will commit to a full independent review of the care, that is not where we are at right now. Currently, HIQA and the HSE are investigating the issue and officials in my Department are liaising with them on it. I believe that is what we must do now.

The Covid-19 pandemic has led to unprecedented challenges across our health service and none more than in older persons services. The health and safety of residents in nursing homes has been paramount in all our minds in recent months. The National Public Heath Emergency Team, NPHET, the HSE and HIQA have placed a focus on supporting older people from the outset of the pandemic. Every person who is supported by older persons services is entitled to expect and receive support of the highest standard. Quality care and patient safety is a priority and a continued focus and must always be delivered safely and to a high quality. Nursing home providers are ultimately responsible. We have regulators, the HSE, the Department and the Oireachtas, but nursing home providers are responsible for the care they provide to their residents. HIQA has been in place since 2009 as the statutory independent regulator for the nursing home sector, including HSE-managed and private nursing homes. It was established under the Health Act 2007 and has significant and wide-ranging powers up to and including the registration of a nursing home facility.

This means that a nursing home cannot operate as a nursing home without such registration. It has essentially graduated powers up to the point of shutting nursing homes down. This responsibility is underpinned by a comprehensive quality framework comprising of the restriction regulation, care and welfare regulation, and the national quality standards. HIQA, in discharging its duties, determines through the examination of all of the information available to it, including site inspections, whether a nursing home meets the regulations in order to achieve and maintain its registration status. Should a nursing home be deemed to be non-compliant with the regulations and the national quality standards, it may either fail to achieve or lose its registration status. In addition, the chief inspector has wide-ranging discretion in deciding whether to impose conditions of registration on nursing homes.

During the Covid-19 pandemic, nursing homes continue to be regulated by HIQA, which, under the 2007 Act has the legal authority to examine the operation of any facility under its remit. In addition, a series of enhanced measures have been agreed by NPHET for long-term residential care settings and these are being implemented at the moment.

As for this particular nursing home, I can confirm that the Department has received correspondence, including from the Deputy, on this matter and has forwarded these details to HIQA as the statutory regulator for nursing homes and to the HSE for appropriate action and follow-up. I also have asked my officials to engage with both HIQA and the HSE to follow up on this matter.

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