Micheál Martin (Cork South-Central, Fianna Fail)

I fully agree with what Deputy Bacik is saying in respect of people's entitlement and families when they place their loved ones into nursing homes. It is absolutely shocking and scandalous there would be any abuse of people residing and living nursing homes. There is a range of existing legislation, including the 2007 Act amended on a number of occasions. There are a lot of measures and powers available to HIQA in respect of this. There is a forthcoming national policy on adult safeguarding for the health and social care sector. This will set out how existing protections can be strengthened. It will be brought to the Government shortly. It will commit to the development of adult safeguarding legislation for the sector. We have included a health (adult safeguarding) Bill in our legislative programme to facilitate this.

It is complex stuff. Let us not pretend. When events of this kind happen, people tend to rush and say "This is the answer". A more comprehensive response is required, including adult safeguarding legislation. I fully agree with the Deputy on that. I have no issue with larger fines being levied but I believe, and this is a difficult balance, the option of closing has to be on the table. Otherwise, people will not fear. I recall that eight or nine years ago, when HIQA was going to various facilities, people would object and say it could not close them. I am just saying this as something I believe. Yes, it is then up to the HSE and others to resolve the consequential crisis that occurs if a decision to close is made. We should not baulk from that decision because of that. That would send a real message, but not just a message, because it is an action and an intervention which is allowed for under the law. If there is a series of non-compliance, as seems to be the case in respect of the interim report from HIQA, that option should be on the table.

If the Deputy has noticed what has happened since the "RTÉ Investigates" programme, safeguarding teams have gone in. The director of nursing of the HSE has sent them in now. Where the protection of people is involved, the HSE has every remit to get involved and protect, which we did during Covid. There was huge support of nursing homes during Covid because it was adjudged they were not in a position to deal with the wider impact of Covid. Huge State supports went into nursing homes via the Health Service Executive. Where alarm bells are raised and there is a clear issue around the protection of people and the prevention of abuse, there needs to be an intervention by the health authorities, once HIQA has raised the alarms, to safeguard people. That is already there and can be done.

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