Seanad debates

Thursday, 14 July 2016

Health (Amendment) Bill 2016: Second and Subsequent Stages

 

10:30 am

Photo of Maire DevineMaire Devine (Sinn Fein) | Oireachtas source

Sinn Féin will support the Bill. That said, we do have concerns and there are areas in which we seek assurances. Perhaps the Minister of State might address them today and provide answers.

The original purpose of the Bill was to allow HIQA to inspect all residential settings for people with disabilities and it was given a three year period in which to do so, from November 2013. As the Minister of State said, it will expire in October 2016. There are 1,000 residential settings for people with disabilities which require inspection. We had been informed that in the past three years, up to June this year, 556 had been registered. The Minister of State has corrected this figure, but several hundred still remain to be inspected. The amendment makes provision to extend the timeframe.

We understand the consequences for the HSE, service users and families were we not to support the amendment. It would cause extensive problems for all concerned. Our priority and utmost concern about the amendment is and for service users and the implications of the extension for them. We are, of course, fully committed to the policy of moving people from congregated settings and institutionalisation which have kept people with disabilities and abilities hidden from society. Decongregation is happening at a very slow pace. Sinn Féin supports the amendment, although we recognise that it certainly will not speed up the process. However, we have to see the greater good. Our main concern, while supporting the amendment, is to ask why the process is taking so long. While we can understand the huge administrative task involved and the time it took to bed down the initial process, we ask for the exact factors which are causing the delay and backlog. We note that the issue was highlighted for the Department of Health by HIQA in 2015. At the time, it was outlined that it would not be possible to do it within three years. Is it a question of resources? If so, why are more resources not being directed towards HIQA to allow it to complete the work within the agreed timeframe?

There is, of course, the possibility that it is not a resources issue. It was brought to my attention yesterday after speaking to Inclusion Ireland that there seemed to be in existence a list of centres, drawn up by the HSE, that it was agreed would never meet the criteria required to be met to be registered. Will the Minister of State comment on this? Is it the case, therefore, that some service providers may be reluctant to submit the necessary documentation, knowing that ultimately their centres will be closed down once the inspection takes place? Similarly, is the HSE reluctant to carry out the inspection, knowing that it will have to shut down an existing centre and take on the responsibilities that go with it? Considering this, will the Minister of State provide me with exact figures for the numbers of centres which have already been inspected and registered and are HSE funded? If the existence of this HSE list of non-viable centres is confirmed, I will be extremely sceptical that this is no more than a kicking of the can down the road exercise, similar to what has happened in the case of water charges, banded hours contracts and bin charges. Is the requested two year period needed? The Minister of State has said 700 centres will be inspected by October. That leaves approximately 300 remaining. Will it take two years to inspect them? I really cannot work out the maths. Would it be better to opt for a shorter period of six, 12 or 18 months? Is the amendment being used as a tool to provide breathing space for the non-viable centres on the list and to meet the cost that would be incurred by the HSE?

Controversies and scandals have been uncovered by the media and HIQA in recent times, not specifically in disability residential settings but throughout the social care sector. There are more than 300 residential settings which have never been inspected. We are aware that HIQA has returned to settings that received unfavourable and damning reports many times, but this large number of settings remain uninspected, with the potential for service users to be at increased risk. Will the Minister of State comment on this?

Sinn Féin's vision for society is one in which all citizens, including those with disabilities, can play a full and independent part in all aspects of life, relying as far as possible on mainstream public health, education, employment and housing sevices, with the support of tailored disability services, where necessary. We further believe this vision should provide those with disabilities full autonomy and control over their own lives and services. In this context, will the Minister of State initiate the Assisted Decision-Making (Capacity) Act 2015? This would have a huge positive impact on those with disabilities and include them in making decisions on their lives.

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