David Norris (Independent)

I support both amendments. However, in deference to Senator Mullen, I like his amendment which spells out much. The amendment seeks to delete in page 50, lines 31 to 35, "(3) In performing its functions under paragraph (1)(ba) the Board may examine the records and accounts of an approved nursing home or of a nursing home the proprietor of which proposes to enter into arrangements under paragraph (1)(ba)." and to insert:

"(3) Where the Board has formed the reasonable view that the price at which long term residential care services is proposed to be provided by a particular nursing home is, all things being equal, materially in excess of the price at which long term residential care services are provided by other comparable nursing homes, the Board shall have the power to request, by notice in writing, that the said nursing home provide the Board with a written explanation of the calculation of the price at which long term residential care services is proposed to be provided by such nursing home. In the event that the Board is not satisfied with a written explanation received under the terms above it shall have the power to request that the Minister as soon as is practicable, by notice in writing to such nursing home, designate a person to examine the records and accounts of such nursing home and to subsequently report the findings of such examination to the Minister and to the nursing home in question. A refusal on the part of a nursing home to comply with any notice pursuant to this section shall be construed as a withdrawal on the part of such nursing home from negotiations.".".

I like the careful and legal way in which this amendment has been framed. In other words, the board must form a reasonable view that it is getting a bad deal, that the price is somehow inflated and that the services provided should not be valued at the level at which they are valued. In other words, an excessive charge is being made. The board will then have an opportunity to request a written statement or explanation for the price and the Minister, if the board is not satisfied, can designate somebody to examine the records and try to find out the truth. Where there is a refusal on the part of the nursing home to co-operate, this is construed as a withdrawal on its part from the negotiations. This appears to be a carefully thought out and accurately worded instrument to ensure neither the State nor the individual is defrauded by bad value. For that reason, I am happy to support it.