James Reilly (Dublin North, Fine Gael)
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Question 80: To ask the Minister for Health and Children if she will regulate public and private home care providers to ensure that home care services are registered and inspected by the Health Information and Quality Authority so that services reach a high standard and vulnerable people are offered the best care and protection within their home; and if she will make a statement on the matter. [39589/09]

Áine Brady (Kildare North, Fianna Fail)
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Two priorities of the Department in recent times have been the introduction of the nursing homes support scheme, and bringing into force new regulatory standards for the long-term residential care sector.

In tandem with these initiatives in the residential care sector, the Department has been progressing initiatives on the community side and, as part of this, commissioned an independent evaluation of home care packages which will be formally submitted to the Minister shortly. The aim of the evaluation was to assess whether the objectives of the home care package initiative are being met, and this evaluation is a commitment in the Towards 2016 Agreement.

In addition, two other reports on home care were recently completed. A report was undertaken by the National Economic and Social Forum, NESF, on home care packages. It acknowledges that while this was a well thought-out policy, improvements are required in several areas regarding implementation, including training and vetting of staff. A recent consultation paper by the Law Reform Commission entitled "Legal Aspects of Carers" considers the legal issues surrounding home care. This makes a number of provisional recommendations in the area of standards and regulations generally, including vetting, training and supervision. It also provisionally recommends giving a function to the Health Information and Quality Authority, HIQA, in professional home care. Any such changes would require primary legislation and detailed stakeholder consultations.

The Department accepts the need for a more standardised approach to the regulation of home care generally, whether by public or private provision. In the context of the independent evaluation of home care packages, and the other recent reports, the Department is, in conjunction with the HSE as appropriate, considering issues such as: finalising and agreeing standardised access and operational guidelines for delivery of home care packages; adoption and dissemination by the HSE of a voluntary code of quality guidelines for home care support services for older people; and consideration of the Law Reform Commission recommendations in the context of possible changes to legislation and regulation in the area of home care for older persons generally.

James Reilly (Dublin North, Fine Gael)
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I thank the Minister of State for her reply but we are spending more than €300 million a year on home care and the report by the National Economic Social Forum has uncovered major flaws in this sector which is unregulated. It found that care workers could be sent into homes of vulnerable people with no background Garda checks, many carers were untrained despite being required to look after people with complex physical and medical needs and some private companies admitted they had never been inspected by the HSE to find out if they were meeting the terms.

Brendan Howlin (Wexford, Labour)
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The Deputy must ask a question.

James Reilly (Dublin North, Fine Gael)
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Tá sé ag teacht. It is important to put this in context.

Brendan Howlin (Wexford, Labour)
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It is not in order to read from a report during Question Time.

James Reilly (Dublin North, Fine Gael)
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That is fine. I can make a free speech with no problem.

It is not a question of an evaluation report. It is a question of putting in place real protection for the elderly and vulnerable in our society. We have read stories in the press of people being relieved of money to pay for petrol; being asked for loans. A whole array of things is going on. I have met some of the people delivering home care and they are also very unhappy. The HSE is providing these services but not inspecting them. The history of the HSE in residential care leaves much to be desired and requires to be inspected by an independent body such as HIQA. When will these inspections, the regulatory body and the standards be put in place so that the most vulnerable in our society are protected and the taxpayer gets value for money?

Áine Brady (Kildare North, Fianna Fail)
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This initiative is only three years old. That is why my Department commissioned this review. We expected that it would pick up problems. The two reports that I have read, by the NESF and the Law Reform Commission, suggest that two key issues arise, the need for standardisation of access and operations across the HSE and the need for vetting and training and supervision. We have drawn up draft standards, quality guidelines for home care support. We will examine these in consultation with all private, public and voluntary providers to bring them in as policy as early as possible in the new year. Meanwhile, we are examining the recommendations of the Law Reform Commission to bring in primary legislation.

James Reilly (Dublin North, Fine Gael)
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When will we have an independent inspectorate to enforce these standards?

Áine Brady (Kildare North, Fianna Fail)
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HIQA inspections will be part of the legislation that we will draw up. First we must bring in the voluntary code which includes vetting, training and supervision.

James Reilly (Dublin North, Fine Gael)
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I do not understand why we have to wait for a code. Is this legislation on the legislative clár?

Áine Brady (Kildare North, Fianna Fail)
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No. It will be prepared. The focus has been on the residential care-----

James Reilly (Dublin North, Fine Gael)
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When can we expect to have an inspectorate?

Áine Brady (Kildare North, Fianna Fail)
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The voluntary codes have been drawn up but they must be examined and we have to have consultation.

James Reilly (Dublin North, Fine Gael)
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The Minister of State cannot tell us then.

Alan Shatter (Dublin South, Fine Gael)
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On that basis it will be another ten years until we see the legislation.