Results 801-820 of 3,665 for speaker:Seán Power

Seanad: Health Bill 2006: Committee Stage (27 Mar 2007)

Seán Power: The Bill provides for the chief inspector to inspect residential centres against standards set by HIQA and regulations made by the Minister. Regulations for private nursing homes are currently made under the Health (Nursing Homes) Act 1990 and regulations for children's residential centres are made under sections 38 and 63 of the Child Care Act 1991. Regulations for private nursing homes...

Seanad: Health Bill 2006: Committee Stage (27 Mar 2007)

Seán Power: This is a technical amendment. In view of the significant statutory role of the chief inspector of social services it is important there be no dispute over the validity of registration decisions or other decisions made in respect of designated centres that are made at a time when the chief inspector is absent for a period or the position is vacant. This amendment empowers the authority to...

Seanad: Health Bill 2006: Committee Stage (27 Mar 2007)

Seán Power: I listened to Senators' criticisms of the section. I believe most people would regard as normal the provision in section 42(3) that a matter before or likely to come before the courts would be——

Seanad: Health Bill 2006: Committee Stage (27 Mar 2007)

Seán Power: That is what the subsection amounts to. Its purpose is to ensure a case is not prejudiced as a result of discussions which may take place. Section 42(8) is a standard provision.

Seanad: Health Bill 2006: Committee Stage (27 Mar 2007)

Seán Power: It is a matter for Government Ministers to account for Government policy. Officials should not be required to listen to abuse from Members regarding specific Government policies. The chief inspector will have to account for his or her actions, whereas the Minister will defend Government policy.

Seanad: Health Bill 2006: Committee Stage (27 Mar 2007)

Seán Power: Matters on which proceedings are initiated do not always come to court. Section 42(3) is a standard provision. I will consider the Senator's point regarding the meaning of "tribunal" because it may require clarification.

Seanad: Health Bill 2006: Committee Stage (27 Mar 2007)

Seán Power: Proceedings for offences are set out under section 80. The majority of offences under the Bill relate to designated centres and are prosecuted by the chief inspector. However, the HIQA may prosecute in cases where a person appointed to carry out an investigation under section 9 or to monitor compliance with standards set in accordance with section 8 has been refused entry to a premises....

Seanad: Health Bill 2006: Committee Stage (27 Mar 2007)

Seán Power: Drafting is a difficult job at the best of times. It is difficult to satisfy everybody.

Seanad: Health Bill 2006: Committee Stage (27 Mar 2007)

Seán Power: When we are finished discussing this, it might be appropriate to contact Rentokil because there must be fleas in Senator Ryan's seat the way he is hopping up. On the question, information must be released if it is required by law.

Seanad: Health Bill 2006: Committee Stage (27 Mar 2007)

Seán Power: These are technical drafting amendments to ensure all references are correct.

Seanad: Health Bill 2006: Committee Stage (27 Mar 2007)

Seán Power: The Health (Repayment Scheme) Act 2006 came into effect on 30 June last and provides a legal framework to repay recoverable health charges for publicly funded long-term care. The Act also applies a legislative framework to the operation of patient private property accounts which, at the request of the patient, may be operated by the Health Service Executive. The executive may invest the...

Seanad: Health Bill 2006: Committee Stage (27 Mar 2007)

Seán Power: Under the Bill, the Chief Inspector of Social Services has responsibility for inspecting and registering designated centres. Designated centres are defined as private nursing homes and institutions, homes or centres at which residential services are provided by the Health Service Executive or a service provider for children, people with disabilities or other dependent persons. The term...

Seanad: Health Bill 2006: Committee Stage (27 Mar 2007)

Seán Power: The objective of HIQA, as set out in section 7, is to promote safety and quality in the provision of health, social and personal services for the benefit of the health and welfare of the public. Section 8 sets out the functions of HIQA. These include its standard setting functions for services and its information functions. Under section 8(1)(i), HIQA must evaluate available information in...

Seanad: Health Bill 2006: Committee Stage (27 Mar 2007)

Seán Power: The amendment proposes that the report of an investigation carried out by the HIQA should be absolutely privileged. Absolute privilege gives a complete defence to a defamation action. The legal advice is that absolute privilege applies even where the words complained of are published with knowledge of their falsehood and with the intention of injuring another. Although the Minister has...

Seanad: Health Bill 2006: Committee Stage (27 Mar 2007)

Seán Power: In response to Senator Henry, section 78 provides for qualified privilege to cover reports such as the Leas Cross report mentioned by the Senator. Qualified privilege means the person is protected from defamation proceedings provided they prepared their report or document in good faith. We sought legal advice on this and we are happy that absolute privilege is not necessary in this instance.

Seanad: Health Bill 2006: Committee Stage (27 Mar 2007)

Seán Power: Senator Ryan mentioned the Pharmacy Bill, which is different. That Bill dealt with fitness to practice hearings, which are privileged and are treated in a similar fashion to hearings of a court. We would be anxious to ensure sufficient protection and, based on legal advice, anyone who publishes a report in good faith on behalf of the authorities should have no cause for concern. We are...

Written Answers — Nursing Home Subventions: Nursing Home Subventions (27 Mar 2007)

Seán Power: Operational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive under the Health Act 2004. Therefore, the Executive is the appropriate body to consider the particular case raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter...

Written Answers — Health Services: Health Services (27 Mar 2007)

Seán Power: Operational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive under the Health Act 2004. Therefore, the Executive is the appropriate body to consider the particular case raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter...

Written Answers — Nursing Home Subventions: Nursing Home Subventions (27 Mar 2007)

Seán Power: Operational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive under the Health Act 2004. Therefore, the Executive is the appropriate body to consider the particular case raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter...

Written Answers — Nursing Home Subventions: Nursing Home Subventions (27 Mar 2007)

Seán Power: Operational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive under the Health Act 2004. Therefore, the Executive is the appropriate body to consider the particular case raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter...