Fergus O'Dowd (Louth, Fine Gael)
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Question 200: To ask the Tánaiste and Minister for Health and Children when the report by Professor O'Neill into Leas Cross was given to the Health Service Executive; the reason for the delay in publishing same; and if she will make a statement on the matter. [19319/06]

Seán Power (Kildare South, Fianna Fail)
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The Deputy may wish to know that the Health Service Executive has informed my Department that Professor O'Neill recently submitted his final report to the Executive and this has been sent to the legal advisers of the HSE for advice.

The report prepared by Prof. O'Neill is one of a number of reports commissioned/prepared by the HSE into Leas Cross Nursing Home.

All of the reports are now being collated and it is expected that these will be submitted as a complete file on Leas Cross Nursing Home to the National Director of Primary, Community and Continuing Care Directorate in the near future.

Fergus O'Dowd (Louth, Fine Gael)
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Question 201: To ask the Tánaiste and Minister for Health and Children if she will publish in full the report of the formal investigation under the chairmanship of a person (details supplied) into complaints received by the Health Service Executive into the operation of a nursing home in the HSE southern area; and if she will make a statement on the matter. [19320/06]

Seán Power (Kildare South, Fianna Fail)
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In September 2004 following complaints received from the family of a nursing home resident the former Southern Health Board established an inquiry team with an independent chairman to investigate the complaints. The team were also to review existing standards, policies and procedures in the Nursing Home and make appropriate recommendations.

The patient's family, the Nursing Home staff and Health Board officials were interviewed by the team. The Report was given to the patient's family who were briefed by the HSE South on the outcome of the inquiry. An implementation Group was established to oversee the implementation of the recommendations and the home was inspected on three occasions following the investigation; all of the recommendations have been implemented.

In January 2006, following a request from Deputy O'Dowd, the HSE South provided information to him regarding the recommendations; the name of the Nursing Home, patients and staff were deleted to protect the privacy of the complainants. The Department of Health and Children were given the relevant documentation in the context of the Review of Nursing Home Standards.

The Health Service Executive Southern Area has informed my Department that the Deputy requested a copy of the investigation Reports under the Freedom of Information Act on 9th January 2006 and following consideration of the request the HSE South refused access to the Report under the Acts. It is understood that HSE South are in communication with the Deputy regarding an appeals process.