Mary Upton (Dublin South Central, Labour)
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Question 125: To ask the Minister for Health and Children further to her Department's response to Parliamentary Question No. 363 of 13 February 2007, the circumstances in which a person (details supplied) in Dublin 8 might be able themselves to refuse or accept an offer of a long-term care home place; the way the person communicated their refusal to be transferred to a nursing home in Kildare from a hospital in Dublin; the name of the nursing home which, according to the response, the person refused to consent to be moved to; if she will provide evidence of the refusal by the person to be transferred to the nursing home in Kildare referred to in the response including evidence from a medical doctor that the person has the mental capacity to exercise choice in matters relating to their care; the guidelines which operate when neither a patient nor their next of kin will consent to a particular transfer from a hospital to a long-term nursing home outside the county of their residence; the number of refusals her Department recommend should be accepted of a patient or, where appropriate, their next of kin before it would approve of the compelled transfer to a nursing home outside the county of a patient's residence without either that patient's consent or, where appropriate, their next of kin's. [8080/07]

Seán Power (Kildare South, Fianna Fail)
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Operational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive under the Health Act 2004. Therefore, the Executive is the appropriate body to consider the particular case raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.