Pauline Tully (Cavan-Monaghan, Sinn Fein) | Oireachtas source

While we will support the Bill, it is very limited and does not go far enough to protect people at risk of neglect or coercion and abuse. Currently, disability services are inadequately regulated. In 2019, a HIQA report on the first five years of the regulation of designated residential centres for adults and children with disabilities in Ireland found that significant challenges remain regarding the management and oversight of services addressing infrastructural deficits and safeguarding vulnerable people.

HIQA published three comprehensive proposals on improving its governing legislation and enforcement powers, the first in 2013, another in 2017 and the third in 2021. It has taken far too long to act on these proposals. In them, HIQA sought improved compliance notices, which I welcome and are included in the Bill. However, it also sought a more flexible enforcement system, which included failure to comply notices and the ability to move robustly to attach, enforce and direct the implementation of conditions attached to operating licences. The ability to initiate and conduct investigations must also be addressed. It is not clear if the Bill meets these needs and this must be examined further.

HIQA also called for a comprehensive social care policy and services regulation. While the Government continues to regulate home care, long-term residential care and other types of care separately, HIQA is clearly of the view that supported and-or assisted living and sheltered housing, personal assistance, day services, home sharing, hospice and living services are not covered adequately and should be included in a comprehensive regulatory framework, along with nursing homes and home care.

It is almost 13 years since the publication of the Time to Move On from Congregated Settings report in 2011, yet decongregation is still nowhere near complete. This has resulted in a number of service models being in operation. HIQA has highlighted that it is in something of a grey area and has stated that, in many cases, service providers can legitimately argue that they are not designated centres because the service users are not availing of care in the traditional sense. It has also highlighted the need to reconsider how services for people with disabilities are regulated, given the evolving models of care and support.

Disability advocates have expressed concern that HIQA inspections are predominantly focused on monitoring facilities in the absence of powers to investigate and decide on individual cases and complaints. There are long-standing calls for adult safeguarding legislation to be introduced, yet the Government has not progressed an adult safeguarding Act despite a comprehensive Bill presented by former Senator Colette Kelleher in the previous Seanad, which was reintroduced by Senator Frances Black. We fully support safeguarding legislation and the Government's term has been a missed opportunity in this regard.

People at risk of neglect, coercion and abuse deserve a comprehensive legal framework for safeguarding to be put in place. As I said, while I will support the Bill, it is severely limited in a number of areas and these need to be addressed. I hope the Government will take these concerns on board and consider proposals put forward which aim to strengthen the Bill.

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