Frances Fitzgerald (Fine Gael)

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 drafted, does not make provision for an arbitration process in the event that agreement cannot be reached between the Minister designate and the nursing home. For example, if the negotiator is the National Treatment Purchase Fund, NTPF, and it fails or refuses to agree to include a nursing home on the list of approved nursing homes, can anything be done? Will the Minister of State consider the inclusion of an arbitration mechanism? I am not sure how often this would arise but it could arise occasionally. There is a need for some mechanism in the interests of fairness and justice. This is evident in a number of areas already, including the construction industry and the NRA or the Department of Transport and the IFA. One can build in arbitration provision. I believe this to be a worthwhile amendment to accept to ensure access to justice by a person who believes not enough reasons have been given or who does not agree with the reasons they had not been accepted.

I believe that the system being established in this Bill is a closed system. We are not building in much opportunity for independent reviews, appeals or assessments. All the power is very much in-house. I do not believe enough opportunities are provided to go outside a fairly closed system of HSE assessments, which is not good for the individuals in care assessment and in nursing homes who could find themselves at a disadvantage owing to a lack of arbitration. Perhaps the Minister of State will consider this matter.