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Joint Oireachtas Committee on Health: General Scheme of the Health (Amendment) Bill 2022: Department of Health (23 Nov 2022)

Neasa Hourigan: That group will not publish another report.

Joint Oireachtas Committee on Health: General Scheme of the Health (Amendment) Bill 2022: Department of Health (23 Nov 2022)

Neasa Hourigan: Okay. Will a similar report be compiled?

Joint Oireachtas Committee on Health: General Scheme of the Health (Amendment) Bill 2022: Department of Health (23 Nov 2022)

Neasa Hourigan: The expert panel is comprised of people who are working in the industry. What will replace that level of engagement for the Department as it works through this?

Joint Oireachtas Committee on Health: General Scheme of the Health (Amendment) Bill 2022: Department of Health (23 Nov 2022)

Neasa Hourigan: Okay.

Joint Oireachtas Committee on Health: General Scheme of the Health (Amendment) Bill 2022: Department of Health (23 Nov 2022)

Neasa Hourigan: There is no replacement to provide engagement with the sector.

Joint Oireachtas Committee on Health: General Scheme of the Health (Amendment) Bill 2022: Department of Health (23 Nov 2022)

Neasa Hourigan: Those reports are helpful and Ms Casey is correct that they are broad in their scope. It was an expert panel, and a similar situation pertains for the Department in respect of progress reports. They are not legislators so they are not necessarily linking the various packages of work to legislation. It is very hard for me to glean from the report how many Bills are in the mix if we are to...

Joint Oireachtas Committee on Health: General Scheme of the Health (Amendment) Bill 2022: Department of Health (23 Nov 2022)

Neasa Hourigan: That is this Bill.

Joint Oireachtas Committee on Health: General Scheme of the Health (Amendment) Bill 2022: Department of Health (23 Nov 2022)

Neasa Hourigan: That is the 2013 Bill. We have also talked about safeguarding and there are a number of other-----

Joint Oireachtas Committee on Health: General Scheme of the Health (Amendment) Bill 2022: Department of Health (23 Nov 2022)

Neasa Hourigan: Is there concern around the division of that? Was consideration ever given to an omnibus Bill to bring everything under the one banner?

Joint Oireachtas Committee on Health: General Scheme of the Health (Amendment) Bill 2022: Department of Health (23 Nov 2022)

Neasa Hourigan: Would it be fair to say that we are giving a number of discretionary powers to inspectors under this Bill? Ms Casey has mentioned serious patient safety incidents and it seems we need something like that. I know that does not arise under this Bill. Is the removal of a designation for a particular nursing home at the discretion of the inspector?

Joint Oireachtas Committee on Health: General Scheme of the Health (Amendment) Bill 2022: Department of Health (23 Nov 2022)

Neasa Hourigan: Okay. Does this legislation involve a considerable expansion of an inspector's powers in terms of his or her discretionary remit?

Joint Oireachtas Committee on Health: General Scheme of the Health (Amendment) Bill 2022: Department of Health (23 Nov 2022)

Neasa Hourigan: Let us take, for example, a case where the inspector can remove that designation. What is the benefit of that?

Joint Oireachtas Committee on Health: General Scheme of the Health (Amendment) Bill 2022: Department of Health (23 Nov 2022)

Neasa Hourigan: Okay.

Joint Oireachtas Committee on Health: General Scheme of the Health (Amendment) Bill 2022: Department of Health (23 Nov 2022)

Neasa Hourigan: We have talked a little about the current legislation as a hammer and perhaps too blunt an instrument. I am concerned that we are dealing with a relatively privatised industry and we are now introducing a level of discretion for inspectors. I have a concern about the oversight of those powers.

Joint Oireachtas Committee on Health: General Scheme of the Health (Amendment) Bill 2022: Department of Health (23 Nov 2022)

Neasa Hourigan: Ms Casey mentioned in her opening statement how non-registered facilities will be affected.

Joint Oireachtas Committee on Health: General Scheme of the Health (Amendment) Bill 2022: Department of Health (23 Nov 2022)

Neasa Hourigan: How would an inspector come to believe that is happening? Is it a matter the Revenue would flag? Would it be associated with the financial turnover of a private person? Is it a matter of a report from a person who has placed a relative in what he or she considers a facility? How does this kick off?

Joint Oireachtas Committee on Health: General Scheme of the Health (Amendment) Bill 2022: Department of Health (23 Nov 2022)

Neasa Hourigan: If such a centre is identified, an inspector would knock on the door and enter. If he or she finds the facility is relatively compliant, does it become a criminal matter where a prosecution is brought immediately? Is the intention to put facilities on the road to registration? What is the goal within the legislation?

Joint Oireachtas Committee on Health: General Scheme of the Health (Amendment) Bill 2022: Department of Health (23 Nov 2022)

Neasa Hourigan: Will the definition of the designation be contained within this legislation or within the review of standards more broadly that will happen in the coming months?

Joint Oireachtas Committee on Health: General Scheme of the Health (Amendment) Bill 2022: Department of Health (23 Nov 2022)

Neasa Hourigan: The Department is not going to vary that.

Joint Oireachtas Committee on Health: General Scheme of the Health (Amendment) Bill 2022: Department of Health (23 Nov 2022)

Neasa Hourigan: The Department does not envisage that definition being reviewed significantly in the next round of-----

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