Róisín Shortall (Dublin North West, Social Democrats)
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2249. To ask the Minister for Health the steps he is taking to address the serious issues raised in a programme (details supplied) in relation to standards in certain nursing homes; and if he will make a statement on the matter. [37156/21]

Mary Butler (Waterford, Fianna Fail)
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The COVID-19 pandemic has led to an unprecedented challenge across our health services and none more so than in our nursing homes. The pandemic has been a hugely difficult time for all residents, relatives, and staff of nursing homes.

The Health Information and Quality Authority, HIQA, is the statutory independent regulator in place for the nursing home sector, whether a HSE managed or a private nursing home. The Authority, established under the Health Act 2007, has significant and wide-ranging powers up to and including withdrawing the registration of a nursing home facility, which means that it can no longer operate as a service provider. This responsibility is underpinned by a comprehensive quality framework comprising of Registration Regulations, Care and Welfare Regulations and National Quality Standards.

HIQA, in discharging its duties determines, through examination of all information available to it, including site inspections, whether a nursing homes meets the regulations in order to achieve and maintain its registration status. Should a nursing home be deemed to be non-compliant with the Regulations and the National Quality Standards, it may either fail to achieve or lose its registration status. In addition, the Chief Inspector has wide discretion in deciding whether to impose conditions of Registration on nursing homes.

I have been informed by the Chief Inspector that the regulatory process and, where necessary, follow up is ongoing in relation to the relevant issues raised, and in some instances there is active regulatory engagement taking place in line with the Chief Inspector’s regulatory function.

It is also important to recognise that learning from the early stages of the pandemic has been integral to the Government’s responses as the pandemic has progressed. The COVID-19 Nursing Homes Expert Panel considered lessons learned from the initial wave of the pandemic in developing recommendations that focus on immediate, short-term actions required for the response to COVID-19 as well as on long-term actions required to effect the strategic reform of nursing home systems, operation, policy, and legislation.

In addition, having regard to the NHEP recommendations, learning from the pandemic and HIQA's suggested regulatory enhancements, the Minister for Health and I approved a two-phased approach to examining the legislation with a view to proposing enhancements to the primary and secondary legislation governing nursing homes, with a primary focus on enforcement, governance, oversight and certain regulatory areas including infection prevention and control. It is expected that, subject to Government approval draft Heads of Bill will be published by the end of the year.

The ongoing learning from the pandemic, including consideration of new evidence and information that emerges nationally and internationally, is critical to the Government’s continued response to the pandemic as it evolves.

Safeguarding adults at risk of abuse, harm and neglect by others in the context of their interactions with the health sector is a key objective of the Department of Health, every statutory body under its aegis, and every health and social care service that interacts with such adults. In the health sector, a framework of standards, policies and procedures for safeguarding adults who may be at risk of abuse, harm, neglect, and exploitation within the sector is in place. To strengthen this framework, the Department is currently developing a national sectoral policy on adult safeguarding in the health and social care sector. The Department is also preparing for a public consultation exercise and costing study with a view to submitting a costed draft policy to Government for approval during 2021 and, will thereafter, prepare any legislation required to underpin the approved policy.