David Stanton (Cork East, Fine Gael)
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Question 247: To ask the Minister for Health and Children if she will put the National Quality Standards: Residential Settings for People with Disabilities published by the Health Information and Quality Authority in 2009 on a statutory footing; if she will implement mandatory inspections of residential institutions for all persons with disabilities and not just children; when she will do same; and if she will make a statement on the matter. [6598/10]

John Moloney (Laois-Offaly, Fianna Fail)
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My Department is currently working closely with HIQA and the HSE with the view to commencing the Health Act 2007 to allow for the independent registration and inspection of all residential centres and respite services for children with a disability. The intention is to have this registration and inspection system in place by December 2010, as committed to in the Ryan Commission report Implementation Plan.

Children with disabilities in generic residential centres under the Child Care Act, 1991, are already covered by the standards and inspection regimes applying to those centres. The new registration and inspection system will incorporate all centres providing residential or respite care to children with disabilities, including those centres run by voluntary organisations that are currently excluded from inspection under the Child Care Act, 1991.

In respect of residential services for adults with disabilities, I will shortly be bringing detailed proposals to Government with regard to the protection of vulnerable adults with disabilities who are currently in institutional care.

As Deputies will be aware, "National Quality Standards: Residential Settings for People with Disabilities" have been published by HIQA. Following a public consultation process initiated by HIQA they were formulated by a Standards Advisory Group that comprised officials of HIQA, my Department, the HSE, service providers, organisations representing people with disabilities and service users. These standards will provide a national framework for quality, safe services for persons with disabilities in a residential setting. At present the standards apply only to adult services but work is at an advanced stage to develop standards for children's services.

Given the current economic situation, to move to full statutory implementation of the standards, including regulation and inspection, presents significant challenges at this time. However, notwithstanding the difficulties of immediate statutory implementation, my Department, the HSE and HIQA have agreed that progressive non-statutory implementation of the Standards will now commence, and that they will become the benchmark against which the HSE assesses both its own directly operated facilities and other facilities that the HSE funds. Discussions are ongoing regarding the development of self-assessment tools, providing awareness training for service providers and the introduction of an appropriate level of external validation for relevant settings.

A number of preliminary processes are already in place within the HSE to facilitate this work. For example, compliance with the HIQA standards is included in the Service Level Arrangements being implemented between the HSE and service providers. As part of the ongoing review of Service Level Arrangements, service providers will now be required to demonstrate compliance with the standards through the provision of audit outcomes. I am informed by the HSE that the majority of service providers have already commenced a review of their services within the context of the HIQA standards and many service providers have also achieved external accreditation over the past number of years.

In addition, I am assured by the HSE that it has a robust system in place to deal with any complaints made in relation to the treatment of persons with disabilities in residential care. This includes ensuring that all HSE funded service providers of residential care have appropriate complaints procedures that are in line with HSE policy.