Frances Fitzgerald (Fine Gael)

Senator Prendergast has been speaking about appeals, while Senator Callely eloquently made some pleas. It is clear, however, that the Minister of State has not brought an amendment before the House to deal with the issue which is the source of great concern to Nursing Homes Ireland. There has been a lack of amendments from the Government in response to the points made both in the Dáil and the Seanad which is very disappointing. There has been a very good debate, with some very important points made; therefore, the Government should be more open to accepting the points made by the Opposition. I do not know why it cannot take on board more of the constructive points made on the floor of the Dáil and the Seanad. It is a failing of our parliamentary system that more amendments are not introduced by the Government in response to very clear points made by the Opposition. This is a perfect example, in which there is clear concern in a particular sector that the Bill is discriminatory towards it. The points have been well made, but there is no amendment from the Government. Unless the Minister of State accepts amendment No. 31, I cannot see how the Government will have dealt with the issue. We have spoken to people involved in the sector who have made very relevant points on the issue.

Fine Gael moved an amendment on Committee Stage that there be independent arbitration, but the Minister of State turned it down on the basis that everybody would seek to avail of it. The Government could write amendments in such a way that the arbitration process would be ring fenced in order that everybody would not end up going to arbitration, rather than agreeing a deal. In spite of what everybody has said, the Minister of State has not dealt with the issue. She has not listened to the points made and not brought forward an amendment to deal with them. This amendment is obviously an attempt to bring greater equity to the situation. Let us hear what the Minister of State has to say. People have concerns about the fact that there is no independent arbitration process. They believe there have not been enough negotiations with Nursing Homes Ireland and that the private nursing home sector will be placed in an inequitable position. It will be harder to survive in the industry if some of the problems with the Bill are not addressed.

It is proposed that there be no arbitration between private nursing homes and the National Treatment Purchase Fund on fee structures. Nursing homes have already agreed fees of €985 a week in existing HSE contracts, but it is now stated the fund will effectively inform private nursing homes of their fees. However, public nursing homes will state their fees to the fund, which is a direct reversal of the proposed policy for the private sector. Will the Minister of State explain the difference? The truth is that not one nursing home has been inspected and will not be until 1 July when there will be statutory provision. Perhaps the Minister of State might clarify the position. My understanding is that the inspection regime will begin to operate on 1 July. It is seen as inequitable that each private nursing home will have to furnish a full set of accounts to the National Treatment Purchase Fund prior to making fee agreements, while public nursing homes will not have to comply with this provision. How many inspections have been carried out? What will change from 1 July?