Mary Butler (Waterford, Fianna Fail)
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427. To ask the Minister for Health when the review of legislation on elder abuse will be completed. [39411/16]

Helen McEntee (Meath East, Fine Gael)
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There is currently no specific legislation on elder abuse . In December 2014, the Health Service Executive (HSE) launched Safeguarding Vulnerable Persons at Risk of Abuse – National Policy and Procedures. This new national policy applies to all HSE and HSE-funded services for older people and people with disabilities. It incorporates the previously existing HSE elder abuse service into a single structure for older people and people with disabilities. The policy outlines the procedures to be followed when there is a concern of abuse, neglect or self-neglect of a vulnerable adult.

The HSE has established a number of structures to implement the policy, including a National Safeguarding Office and a National Safeguarding Committee. Safeguarding and Protection Teams to deal with suspected abuse have been established in each of the nine Community Healthcare Organisation Areas. These Teams are managed and led by a Principal Social Worker and staffed by Social Work team leaders and Professionally Qualified Social Workers. Staff training is under way and over 900 Designated Officers have been appointed in service settings within the HSE’s Social Care Division to receive concerns or referrals of abuse.

The National Safeguarding Committee was established in December 2015 with the overarching remit to support the development of a societal and organisational culture which promotes the rights of persons who may be vulnerable and safeguard them from abuse. It is a multi-agency and inter-sectoral body with an independent chair and will publish its Strategic Plan 2017 – 2021 later this month. This Plan includes the strategic objective of informing and influencing Government policy and legislation to safeguard the rights of people who may be vulnerable, including a focus on issues such as adult safeguarding, advocacy, the use of chemical restraint and deprivation of liberty. Minister Harris met with the Chair of the Committee on 5 December to discuss a number of issues, including the possibility of a consultation document on the development of legislation to include adult safeguarding.

With regard to residents of nursing homes, all public and private nursing homes must comply with Regulations under the Health Act 2007 and with National Standards prepared by HIQA and subject to Ministerial approval. The Regulations contain provisions in relation to the prevention, detection and response to abuse. National Standard 3.1 specifically states that each resident must be safeguarded from abuse and neglect and their safety and welfare promoted.

The Health Service Executive has operational responsibility for planning, managing and delivering home and other community-based services for older people and people with a disability. Homecare services are currently not formally regulated. It is accepted that there is a need to regulate the sector and the Department has asked the Health Research Board to review how homecare services are funded and regulated in comparable jurisdictions. The HRB review is expected to be completed by the end of 2016.