Willie Penrose (Westmeath, Labour)
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Question 114: To ask the Tánaiste and Minister for Health and Children her position with regard to residential care for the elderly, on the establishment of a statutory independent complaints and appeals procedure within the health and social services and the development of independent advocacy services for older people in residential care; the provision of more public long-term residential care facilities; and if she will make a statement on the matter. [35477/05]

Seán Power (Kildare South, Fianna Fail)
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It is the intention of the Department to put in place a more robust regulatory system as quickly as possible to protect vulnerable older people and to provide for the highest possible standards of care for older people in long-stay facilities.

The process has begun to review the current system with a view to strengthening the powers available to those involved in inspecting facilities and to extend a strengthened inspection system to public facilities. It is intended that the Health Bill 2005 will establish both the health information and quality authority, HIQA, and the social services inspectorate, SSI, on a statutory basis and will contain provisions to underpin a more robust inspectorial system.

It is also intended that the Bill will provide for the setting and monitoring of standards for residential facilities for older people. To this end, the Department has commenced a review of the Nursing Homes (Care and Welfare) Regulations 1993 and will work in conjunction with the Health Service Executive, HSE, the SSI and other relevant bodies with the intention of developing a new set of standards that would apply to all residential services for older people.

Part 9 of the Health Act 2004 provides for the establishment of a statutory complaints framework to apply to complaints about the actions of the Health Service Executive or a service provider. Under the statutory framework provided for in the 2004 Act, an action is defined as "anything done or omitted to be done" by the HSE or by a service provider with whom it has an agreement for the provision of services. This framework initially seeks to resolve the complaint at local level but provides for access to independent review if the complainant is dissatisfied with the outcome of the complaint. It also provides for access to the Office of the Ombudsman or the Office of the Ombudsman for Children if the complainant is still dissatisfied following the outcome of the review.

The provisions of the statutory framework will apply to the HSE and all service providers providing services on its behalf. There is also provision that where a person is unable to make a complaint because of illness or age or disability, a complaint may be made on his or her behalf by certain specified persons. Complaints must be made within 12 months of the actions giving rise to the complaint.

The provisions of the 2004 Act require the making of regulations to give effect to the provisions of the statutory framework. A consultation process on the handling of complaints made to the HSE was undertaken and a draft report of its findings has been received in this Department. The Tánaiste expects the final report to be available shortly. The report will greatly assist this Department in the drafting of the regulations.

The Mercer report on the future financing of long-term care in Ireland, which was commissioned by the Department of Social and Family Affairs, examined all issues surrounding the financing of long-term care. Following on the publication of this report, a working group chaired by the Department of the Taoiseach and comprising senior officials from the Departments of Finance, Health and Children and Social and Family Affairs has been established.

The objective of this group is to identify the policy options for a financially sustainable system of long-term care, including improvements in community care, taking account of the Mercer report, the views of the consultation that was undertaken on that report and the review of the nursing home subvention scheme by Professor Eamon O'Shea. It is expected that the report of the group will be submitted to Government in the near future. The group will comment on residential care for older people in this report.