Fergal Browne (Fine Gael)

I disagree totally with what the Minister of State has said. His claims regarding the Government's commitment to older people bear no relation to the truth in this matter. Once again, the Government has been found wanting and the fire brigade syndrome is in evidence. Instead of taking charge and being proactive as it should be, the Government merely reacts to crises. The purpose of any Government is to govern but there is little evidence of that. It is ironic that just as the examination of the Travers report by the Oireachtas Joint Committee on Health and Children is being finalised, another scandal is already brewing regarding care of the elderly in private nursing homes.

This situation was highlighted by Monday night's "Prime Time". However, the issue was only brought to light because of the ongoing work of a former Member of this House, Deputy O'Dowd, over seven years. He was blocked at every opportunity in his endeavours and his task made as difficult as possible, but he persisted in highlighting the issue and eventually got a result. It is even more amazing when one considers that there have been successive Ministers of State at the Department of Health and Children with devolved powers and sole responsibility for the welfare of the elderly. Why do these Ministries exist? Ministers of State presided over the fiasco of the illegal nursing home charges and now we are confronted with this situation.

What other scandals regarding the elderly will break over the next few months or years? Why are junior Ministers with responsibility for the elderly unable to supervise effectively or prevent these events from happening despite having devolved powers? Why does the Government continue to depend on Opposition Deputies and the media to bring matters to their attention before finally taking action?

The Minister of State's reaction to this matter was appalling. He discussed legislation that will be brought forward in autumn. Last Christmas, we sat extra days so that legislation on the illegal nursing home charges could be introduced. This Government has no problem in taking money from the elderly. However, we are told that it will be autumn before legislation to protect them will be introduced. Clear indications of Opposition willingness to take a shorter summer recess have not been matched.

Media reports of this story are difficult to believe. In early 2000, it was reported that the prescription of one nursing home resident had not been renewed since 1999. We hear of cases where patients receive baths or showers every ten days. Food was cleared from dinner plates and kept for use in soup or stews the following day. Some of the information contained in the inspection reports on private nursing homes over the past five years was only recently released under the Freedom of Information Act. The Government, possibly because of these reports, sought to curtail this Act. Deputy O'Dowd found it difficult to do his work because of restrictions to requests under the Act and the shortage of staff in the Information Commissioner's office.

The reaction to this matter contrasts starkly with the Government's introduction of flawed legislation to this House last Christmas. This legislation, which sought to take money from the elderly, was ultimately rejected by the Supreme Court. It is amazing that the Government will not take up the offer to sit later this summer so that legislation may be enacted. While some may say that the Government is full of hot air, it is rapidly running out of steam. Despite being in its ninth year of power, it has failed to keep legislation up to date. A revolution has occurred since 1990.

It is also amazing that advance notice of inspections is given to nursing homes. The inspectorate does not employ the legal minimum number of inspectors. It does not have power to shut down the worst offenders but must follow a lengthy legal process. Situations such as Leas Cross arose because of the inaction of this Government. Some 44 further incidents occurred in the few hundred nursing homes throughout the country.

The Government has not taken cognisance of the fact that the population is aging. A number of public beds, including 147 long-stay beds, have been closed in the western area, which has put greater pressure on the private sector and forced more people into private nursing homes. The Government bears direct responsibility for this. It has made numerous commitments in this area, including the national health strategy in 2001, An Agreed Programme for Government in June 2002 and the Sustaining Progress programme since 2003. However, it has failed to introduce clear guidelines on standards of care. The national standards which were promised in 2001 have not yet been introduced. Nursing home inspectors continue to work within limited guidelines. The reinforcement of standards of care lacks uniformity across the voluntary, statutory and private sectors. The current regulations on private nursing homes is based upon the Health (Nursing Homes) Act 1990 and the amendment to that Act passed in 2001. Power was not given to the inspectorate to close nursing homes.

The changes made by the Government to the rules for requests under the Freedom of Information Act have a direct impact on these matters. Deputy O'Dowd found that he was impeded when making his request. If a front bench Deputy has difficulty in obtaining information on nursing homes, what hopes have the elderly and their families of getting the information they require?

The Minister of State raised the issue of elderly abuse, which includes physical, psychological, financial, material and sexual forms of abuse, discrimination, neglect and acts of omission. In 1998, a working group was set up to investigate this issue and a report was commissioned. The group did not report until November 2002, when numerous recommendations were made. Unsurprisingly for this Government, few of these have been implemented. Recommended funding was in the region of €4.5 million per year but the Minister of State admits that €800,000 was provided in 2003, €750,000 in 2004 and €900,000 in 2005. Contrast these figures with the €60 million that was squandered on e-voting. I am unsure of the exact figures regarding the facility at Punchestown.

The Seanad has no problem in sitting longer hours in order to pass legislation. This case has been a time bomb waiting to explode. We should not wait until autumn to bring in legislation.