Richard Bruton (Dublin North Central, Fine Gael)
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Question 138: To ask the Tánaiste and Minister for Health and Children if she sought or received a report on the action by the Health Service Executive in relation to the Rostrevor nursing home; and if on the basis of that report the HSE has acted to fully vindicate the policies which she espouses. [21551/05]

Seán Power (Kildare South, Fianna Fail)
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The Department received a report from the former South Western Area Health Board on the Rostrevor nursing home in September 2004. As the Deputy is aware, there are ongoing proceedings taken by the HSE against this nursing home. The former South Western Area Health Board initiated proceedings in the District Court against the home in March 2004 and then decided to initiate proceedings in the High Court in August 2004 to close the home because of delays in resolving the matter in the District Court. The High Court decided that jurisdiction in this case rested with the District Court and it refused the health board's application. In the circumstances it would be inappropriate for me to comment further at this stage, pending the outcome of these proceedings. The case is due to be heard in the autumn in the District Court.

The HSE has also initiated a review of the current approach to nursing home inspections. This review will examine issues such as preparation work undertaken, assessment tools used, methodologies employed during inspections, guidelines dealing with announced and unannounced visits and procedures to assess the quality of care. The reviewer has been asked to provide a report to the HSE outlining his findings, including any actions which should be taken to improve the quality of the inspection process and to identify any other issues that need to be addressed for the future.

As already announced, the Social Services Inspectorate is to be established on a statutory basis. Legislation to give effect to this will be published later this year. The inspectorate will be charged with the inspection of both public and private nursing homes and will be responsible for reporting on standards of care in such homes.

In addition, the Department of Health and Children is urgently reviewing the operation of the Health ( Nursing Homes) Act 1990 and regulations made under the Act to determine which powers available to the Health Service Executive need to be strengthened. This will be a wide-ranging review which will have the rights of patients at its centre. It is intended to publish this Bill later this year.