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Seanad: Nursing Homes Support Scheme Bill 2008: Committee Stage (Resumed) (17 Jun 2009)

Frances Fitzgerald: I move amendment No. 33: In page 49, between lines 35 and 36, to insert the following subsection: "(2) The Minister shall by regulations establish an arbitration scheme for resolving disputes which may arise under subsection (1).". I am suggesting here that the Minister should by regulation establish an arbitration system to resolve disputes which may arise under subsection (1). The Bill, as...

Seanad: Nursing Homes Support Scheme Bill 2008: Committee Stage (17 Jun 2009)

Frances Fitzgerald: Two issues are dealt with in this series of amendments Nos. 6 to 14. I ask the Minister of State to consider the possibility of including social workers in the multidisciplinary team. The legislation is not making their inclusion mandatory but is proposing that professionals are to be used as appropriate. There would be occasions where it would be appropriate that a social worker would be...

Seanad: Nursing Homes Support Scheme Bill 2008: Committee Stage (17 Jun 2009)

Frances Fitzgerald: Senator Rónán Mullen and Senator Nicky McFadden have put the case extremely well. There is a real danger of minimalist standards, combined with the lack of an independent review. There is a striking lack throughout the Bill of provision for independence or independent reviews, or involvement by people other than the HSE. This can be linked to an earlier amendment I put down which was...

Seanad: Nursing Homes Support Scheme Bill 2008: Committee Stage (Resumed) (17 Jun 2009)

Frances Fitzgerald: The Minister of State indicated several times that the care needs assessment is a physical assessment under subsection (7). Under subsection (6), however, it is clear that a care needs assessment takes into account family and community support as well as medical, health and personal and social services. The members of the multidisciplinary team are not defined under this subsection. The...

Seanad: Nursing Homes Support Scheme Bill 2008: Committee Stage (Resumed) (17 Jun 2009)

Frances Fitzgerald: The Minister of State did not respond to this amendment. Is she willing to consider it?

Seanad: Nursing Homes Support Scheme Bill 2008: Committee Stage (Resumed) (17 Jun 2009)

Frances Fitzgerald: Perhaps the Leas-Chathaoirleach will repeat that.

Seanad: Nursing Homes Support Scheme Bill 2008: Committee Stage (Resumed) (17 Jun 2009)

Frances Fitzgerald: I do not agree that this amendment should be withdrawn.

Seanad: Nursing Homes Support Scheme Bill 2008: Committee Stage (Resumed) (17 Jun 2009)

Frances Fitzgerald: Yes.

Seanad: Nursing Homes Support Scheme Bill 2008: Committee Stage (Resumed) (17 Jun 2009)

Frances Fitzgerald: I find this extraordinary because the whole point of the Bill is to provide financial support to people who need residential care. The paragraph concerned states that the Executive does not have any obligation to provide a service.

Seanad: Nursing Homes Support Scheme Bill 2008: Committee Stage (Resumed) (17 Jun 2009)

Frances Fitzgerald: I will speak to the matter when we come to discussing the section.

Seanad: Nursing Homes Support Scheme Bill 2008: Committee Stage (Resumed) (17 Jun 2009)

Frances Fitzgerald: I move amendment No. 17: In page 14, between lines 25 and 26, to insert the following subsection: "(13) The content of a care needs assessment report shall be provided to a nursing home in advance of the subject residing in and receiving care from said nursing home.". This is a straightforward amendment. This is good practice and is already incorporated into the code of practice for...

Seanad: Nursing Homes Support Scheme Bill 2008: Committee Stage (Resumed) (17 Jun 2009)

Frances Fitzgerald: I am suggesting that it should be obligatory practice that where a person is moving from one setting to another, the care needs assessment report should be forwarded to the place to which he or she is going. That makes sense. I am not sure the section referred to by the Minister deals adequately with this matter.

Seanad: Nursing Homes Support Scheme Bill 2008: Committee Stage (Resumed) (17 Jun 2009)

Frances Fitzgerald: I thank the Minister of State for her response. She has clearly tried to address the issues raised on Committee Stage in the Dáil and I accept that consent is very important. It is interesting, however, that the code of practice for integrated discharge planning by the HSE, which is supported by Age Action and everyone else with an interest in this area, emphasises the need for sharing...

Seanad: Nursing Homes Support Scheme Bill 2008: Committee Stage (Resumed) (17 Jun 2009)

Frances Fitzgerald: I withdraw the amendment but I would like the Minister to come back on it on Report Stage if she can.

Seanad: Nursing Homes Support Scheme Bill 2008: Committee Stage (Resumed) (17 Jun 2009)

Frances Fitzgerald: We have discussed very important issues in this section on which we have not got full clarity. The question of the multidisciplinary team assessment is a critical one but it is not sufficiently addressed. There was no specific amendment on referring to the mental health of the individual but the Minister might consider it. On the naming of a social worker in regard to the multidisciplinary...

Seanad: Nursing Homes Support Scheme Bill 2008: Committee Stage (Resumed) (17 Jun 2009)

Frances Fitzgerald: Yes.

Seanad: Nursing Homes Support Scheme Bill 2008: Committee Stage (Resumed) (17 Jun 2009)

Frances Fitzgerald: No, it was not discussed but we are discussing the section and this subsection is in this section. The amendment I tabled was ruled out of order but I want to hear from the Minister the reason this section is in the Bill. It is reasonable, in discussing this section, to ask the Minister and her advisers for an explanation of subsection (11). What does it mean? Is it a type of general...

Seanad: Nursing Homes Support Scheme Bill 2008: Committee Stage (Resumed) (17 Jun 2009)

Frances Fitzgerald: May I clarify that once I am discussing a section I can discuss any subsection-----

Seanad: Nursing Homes Support Scheme Bill 2008: Committee Stage (Resumed) (17 Jun 2009)

Frances Fitzgerald: -----even though it has been ruled out of order as an amendment? That is the reason I raise it under this section. I want to know why it is included, what it means and if there is any precedent for inserting a subsection that states the State does not have to provide any services, even if the care assessment indicates that such a service is needed. What is the legal advice that states that...

Seanad: Order of Business (16 Jun 2009)

Frances Fitzgerald: The public is outraged at the ongoing cancellation of operations for children in Our Lady's Hospital for Sick Children, Crumlin. I propose an amendment to the Order of Business, that the Minister for Health and Children, Deputy Harney, should be asked to outline to the House the funding decisions which have led to the ongoing cancellation of vital surgery for young children. Given the...

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