Dáil debates

Wednesday, 21 January 2015

Ceisteanna - Questions - Priority Questions

HSE Investigations

9:50 am

Photo of Colm KeaveneyColm Keaveney (Galway East, Fianna Fail)
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4. To ask the Minister for Health the action being taken in response to events at Áras Attracta; if closed-circuit television, CCTV, and covert inspections will be introduced in nursing homes to monitor standards of care; and if he will make a statement on the matter. [2648/15]

Photo of Colm KeaveneyColm Keaveney (Galway East, Fianna Fail)
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I take this opportunity to wish the Minister, Deputy Varadkar, a belated happy birthday. I was shocked on Sunday last when I discovered that he is 36 years of age. Obviously, the pressures of holding a senior Ministry are taking their toll.

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
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The Deputy should not worry about the pressures under which I am operating.

Photo of Colm KeaveneyColm Keaveney (Galway East, Fianna Fail)
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The object of Question No. 4 is to establish the actions being taken in respect of the scandal that emerged in early December regarding events at Áras Attracta. Will the Minister or the Minister of State indicate what is being done in the context of putting in place procedures to prevent a recurrence of the scandalous behaviour which occurred at the facility in question?

Photo of Kathleen LynchKathleen Lynch (Cork North Central, Labour)
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I thank the Deputy for tabling this question. Like others, I was shocked and distressed by the revelations of extremely poor and unacceptable standards of care and mistreatment of vulnerable adults at Áras Attracta. Every person who uses our disability services - as the Deputy is aware and as I have stated regularly - deserves not just the best standard of care but also to be treated with respect and dignity. The safeguarding and protection of vulnerable people in the care of the health service is of paramount importance and the director general of the HSE has written to all staff instructing them to take personal responsibility for ensuring that individuals supported by the HSE in any setting are treated with dignity and respect.

In December, the HSE initiated an expert investigation, chaired by Mr. Christy Lynch, and an independently-chaired review, led by Dr. Kevin McCoy, of services at the facility. Mr Lynch's investigation team is working independently of the HSE and its findings will facilitate any disciplinary process the HSE may undertake. I welcome the fact that the Garda has cleared the way to allow Mr. Lynch's investigation to commence. I have asked the HSE to keep me informed of progress. Dr. McCoy is undertaking an assurance review of the services at Áras Attracta and his final report will include an individual plan for improvement in each bungalow within the complex. The review will identify system-wide learning, involving engagement with relevant experts as well as input from staff. The HSE has undertaken a number of additional initiatives to ensure that quality and safe care in residential services for people with disabilities is appropriately implemented and monitored. These initiatives include the establishment of a national implementation task force, including a series of national summits to improve client safety, dignity, respect and culture; implementation of the national policy and procedures on safeguarding vulnerable persons at risk of abuse; development of an advocacy service, which is vitally important; implementation of an evaluation and quality improvement programme in disability residential centres; development of an implementation plan for any recommendations arising from the McCoy review of residential services at Áras Attracta, when complete; and development of long-term, sustainable and evidence-based safeguarding practices and training programmes specific to residential settings.

Photo of Michael KittMichael Kitt (Galway East, Fianna Fail)
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The Minister of State's time is exhausted.

Photo of Kathleen LynchKathleen Lynch (Cork North Central, Labour)
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If the Leas-Cheann Comhairle does not object, I wish to make a final point which is key in terms of answering the question the Deputy tabled.

The HSE is considering plans to monitor practices at social care facilities through the use of surveillance cameras, undercover persons or any other means. However, we are very conscious of potential difficulties that could arise in the context of privacy and data protection. Given the complex issues involved, we have decided to engage expert consultants to advise on the best way to proceed.

Photo of Colm KeaveneyColm Keaveney (Galway East, Fianna Fail)
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I am delighted the director general of the HSE has written to all staff to remind them of their obligations. Their obligations and responsibilities in the context of the type of work they do with the most vulnerable people in society are implied in their contracts.

On Tuesday, 9 December, Mr. Tony O'Brien, the HSE's director general, confirmed on "Prime Time" that he would roll out undercover inspections at facilities like Áras Attracta and was to consider the introduction of CCTV. The following day, the Minister of State said on national radio that she supported that initiative. However, she mentioned in the national media last week that the initiative was not going to go ahead. What has happened in the reference period since 9 December to cause the HSE not to consider using CCTV or anonymous investigations into or spot checks of service delivery?

10:00 am

Photo of Kathleen LynchKathleen Lynch (Cork North Central, Labour)
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I am always conscious of what I say in the media, but especially in the Chamber where I am more accountable. I did not quite say what the Deputy stated I said. Rather, I said that we were considering all mechanisms in order to ensure the safety of vulnerable people. These may include technologies of which we do not yet know. We have employed consultants to advise us. We have not rolled back from the commitment or from ensuring that, when the Health Information and Quality Authority, HIQA, is not present - I believe that HIQA would never have found this instance - we will be able to put in place a mechanism that is not easily obscured or doctored in any way. I stated what I did last week because we are not experts in this technology. We must ensure that vulnerable people in particular rather than all settings are protected on an ongoing basis.

Photo of Colm KeaveneyColm Keaveney (Galway East, Fianna Fail)
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This morning's discussion demonstrates the need for a debate in the House on the issue. We have had little time since early December to discuss it with respect to Áras Attracta. I welcome the Minister's initiation of an investigation, but I am concerned that the person leading it has business interests that are dependent on the HSE. In terms of issues like fair procedure, due process and independence, is it appropriate that the person leading the investigation is financially linked to the HSE in his domestic circumstances? It is where he earns his money. The HSE and an agent of the HSE is investigating the HSE.

Photo of Kathleen LynchKathleen Lynch (Cork North Central, Labour)
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I have had dealings with Mr. Lynch on several issues since getting my post. He has never been behind the door in telling us where he believes we have done something wrong. I am not certain that he feels he has any dependency on the HSE. The job he does for the Government is second to none. It is we who owe him, not the other way around. We may pay for the service that he provides, but it is an excellent one. He has the expertise in governance and practice that we want for every service provided directly or indirectly by the State.