Joe O'Toole (Independent)

The High Court came to a very sensible conclusion on the issue to which Senator Brian Hayes referred.

In the aftermath of this morning's revelations on nursing homes, we have become utterly confused about the issue. Some of us debated the issue last night, yet we are no clearer this morning whether differences exist between public and private homes in terms of scrutiny. Several nursing homes have been told they cannot accept further patients, even though it is apparently all right for them to cater for their current residents. It is not just a matter of hiring more staff; they simply cannot accept any more residents. The most appalling aspect of this illogical matter is that the owner of one of the nursing homes said he knew nothing about it because it had never been brought to his attention. He only heard about the matter through the media, which suggests that major problems exist with communications.

I have previously raised the question of how the inspectorate might do its work. I do not believe a single type of inspectorate will be able to do all that we require of it. Checklists can be followed with regard to members of staff, levels of amenity and support and physical facilities but a serious issue arises in terms of medicine and how residents are looked after when, for example, they suffer bed sores. This morning, I listened to a doctor discuss that issue. Where would a regulator fit into that structure? I recognise the difficulties that exist in addressing the matter and, as Senator Brian Hayes correctly noted, we have all made mistakes in the past 30 years. However, given that we are now trying to correct our mistakes, it would be useful to hold a discussion on what is being planned so that we can have an input.

In terms of where we are going, several questions arise. How are the public and private sectors connected in the nursing home issue? How will an inspectorate work, what will it inspect and how will it relate to local medical people or a regulator? What will be the regulator's role in looking after elderly people in nursing homes? Nobody seems to have the answers to these questions and, while I accept that people are doing their best to address them, they should not imagine they have all the necessary wisdom in their own heads. An open discussion would be worthwhile in terms of progressing solutions to the problem.