Micheál Martin

Overall sentiment: 0.03
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One of the most difficult decisions for any family to have to take is to place a loved one in a nursing home. It is a very difficult decision. The least people can expect is that the dignity of their loved one will be respected at all times and that their loved one will be looked after, cared for and not be subjected to the abuse, neglect and unacceptable behaviour revealed in the "Prime Time Investigates" programme. I pay tribute to RTÉ for the important programme that dealt with this issue. There is a fundamental obligation on the nursing homes concerned, and all involved, to look after people in their care. In no circumstances can the abuse of people be tolerated. People have a right to expect that level of care. Additional measures to strengthen the powers of the chief inspector of HIQA have been granted from 2017 up to 2021 and onwards. A range of additional measures, capacity, power and so on were outlined in the interim report of HIQA published yesterday. There are some very disturbing and clear facts in the interim report. For example, 61% of the homes in question did not adhere to fire regulations. That is a red alarm. There is a power to close nursing homes, which is sometimes described as a nuclear option. In my view, when things are at the level as revealed in this report, in terms of more fundamental issues like that, where clearly the health and safety of residents is at stake, that is an option. I know it brings with it a whole range of issues but it is one that in the past used to be invoked and the HSE would be engaged. We are all familiar with HIQA investigations and reports in which it would have recommended closure. People would ask about their loved ones and ask where they should go but there does come a point if it reaches a level. The lack of compliance in a number of key areas is clear in the report. The one that jumps out, in my view, is with regard to the fire regulations. There are other aspects of either partial compliance or non-compliance. This is deeply traumatic for the families involved. In our system approximately 75% of our nursing home centres are in private hands, 20% are publicly owned and approximately 3.5% are section 38 or section 39 organisations. The fair deal scheme was the last major intervention trying to facilitate making it more affordable for people in respect of sending their loved ones and placing their loved ones in nursing homes.

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In recent years the push has been towards home care but home care also involves privatised nursing care. People contract in people to help. I will come back to the final point I was going to make.

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The interim report outlines a whole series of measures that were taken to enhance and strengthen the measures and powers of the chief inspector of HIQA, in terms of the legal timeframe for decisions by the chief-----

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You are interrupting again, Deputy. I have had enough of that now. I have the floor now.

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I will answer it but you have a tactic all the time-----

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-----of interrupting every time I get to my feet and make a point.

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I do not interrupt Deputies.

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The fundamental power that HIQA has, particularly in the face of breaches, in my view, and it is one that should not be balked at, is cancellation of the licence. In my view, this is the teeth that HIQA has. Yes, we do need to review the methodology-----

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-----of HIQA and it has said it itself.

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No, sorry I-----

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Hold on a second-----

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How long is this going to continue?

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It is not my problem. I am not in a position now to answer.

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I cannot get my points across because of this constant-----

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I ask the Ceann Comhairle, given what has happened and what has happened in the past number of weeks, I want a review of how this is happening. I am not going to come in here-----

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-----and listen to everybody and give them the courtesy of listening and not be allowed to reply.

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That is fundamentally wrong.

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It needs an intervention from the Ceann Comhairle-----

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-----and the Whips as well, and the Chief Whip, to sort this out.

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I fully agree with what Deputy Bacik is saying in respect of people's entitlement and families when they place their loved ones into nursing homes. It is absolutely shocking and scandalous there would be any abuse of people residing and living nursing homes. There is a range of existing legislation, including the 2007 Act amended on a number of occasions. There are a lot of measures and powers available to HIQA in respect of this. There is a forthcoming national policy on adult safeguarding for the health and social care sector. This will set out how existing protections can be strengthened. It will be brought to the Government shortly. It will commit to the development of adult safeguarding legislation for the sector. We have included a health (adult safeguarding) Bill in our legislative programme to facilitate this. It is complex stuff. Let us not pretend. When events of this kind happen, people tend to rush and say "This is the answer". A more comprehensive response is required, including adult safeguarding legislation. I fully agree with the Deputy on that. I have no issue with larger fines being levied but I believe, and this is a difficult balance, the option of closing has to be on the table. Otherwise, people will not fear. I recall that eight or nine years ago, when HIQA was going to various facilities, people would object and say it could not close them. I am just saying this as something I believe. Yes, it is then up to the HSE and others to resolve the consequential crisis that occurs if a decision to close is made. We should not baulk from that decision because of that. That would send a real message, but not just a message, because it is an action and an intervention which is allowed for under the law. If there is a series of non-compliance, as seems to be the case in respect of the interim report from HIQA, that option should be on the table. If the Deputy has noticed what has happened since the "RTÉ Investigates" programme, safeguarding teams have gone in. The director of nursing of the HSE has sent them in now. Where the protection of people is involved, the HSE has every remit to get involved and protect, which we did during Covid. There was huge support of nursing homes during Covid because it was adjudged they were not in a position to deal with the wider impact of Covid. Huge State supports went into nursing homes via the Health Service Executive. Where alarm bells are raised and there is a clear issue around the protection of people and the prevention of abuse, there needs to be an intervention by the health authorities, once HIQA has raised the alarms, to safeguard people. That is already there and can be done.

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Who said that?

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The power to remove or cancel a registration is there.

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Eight nursing homes had their registration removed last year. It has happened and can happen. Looking at the protected disclosures and the list of complaints in respect of these nursing homes, one could argue that the case merited that type of intervention. However, I think the interim report contains an argument made by HIQA that the profile of one of the nursing homes was completely changed from the time of the inspection in November to February. That is what HIQA is saying in terms of numbers and so on and the nature of them. Legislation on its own is important, but so are behaviour and obligations. Nursing homes have obligations. Some very good nursing homes fulfil their obligations. There is a more fundamental point, which we should come back to again as an Oireachtas, in terms of what the balance is between public, private and home care. Most home care will be private.

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The Deputy's juxtaposition of the migration issue with the genuinely serious problem of overcrowding in prisons is stretching credibility.

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It is a false juxtaposition.

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Sorry, I did not interrupt the Deputy. I just want to make the point. The Deputy said there are more than 5,000 prisoners. He is saying that if a number of asylum seekers are imprisoned, for whatever reason, they should not be, irrespective of what the reasons might be. That is what he indicated. His suggestion that it is all about some performance for the optics that we just want to get tough on migration, imprisoning a few and letting criminals go free is a preposterous proposition and assertion, and it is wrong. Let us take it bit by bit. Every country in the world has rules in respect of migration. We issue work permits for people who want to legally come into the country to work. We issue visas for people who want to stay in the country and so on, be it a holiday visa or whatever type of visa. There is a variety of visas. We have visa agreements with other countries. There is freedom of mobility within the European Union. All of that has been positive for this country, but there has to be rules around migration. The Government is very clear on that. The Minister for justice, Deputy O'Callaghan, has been very clear on that. It is not optics; it is just common sense. We will reject any assertion that Ireland is an open-border territory. It is not. We have never had open borders because there has always been a system. There is a very serious issue in terms of prison overcrowding. Two weeks ago, the Minister brought proposals to Government to speed up the construction of 960 prison spaces. That will happen. It will take four years, between the planning, getting the construction work done and completing part of it. That is an immediate response. There will also be more medium-term responses in terms of prison capacity. Third, a range of measures have been taken in recent years in the context of getting tough on crime. I refer here to legislation to criminalise the grooming of children into a life of crime, rolling out a support programme to break the link between gangs and the children they try to recruit, strengthening CAB's ability to target the proceeds of crime and speeding up the process to dispose of assets for the benefit of the State. The Garda National Drugs and Organised Crime Bureau is leading in tackling of all forms of drug trafficking and the supply of illicit drugs in Ireland. More than €627 million in illicit drugs have been seized by the bureau, as well as firearms and so on. The Minister for justice, Deputy O'Callaghan, and the Minister of State, Deputy Murnane O'Connor, recently launched a drive in respect of a drug-related intimidation and violence engagement project. That will have impact. The Garda workforce is also increasing.

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Sorry?

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The Deputy started by saying it is very difficult not to interrupt. I respectfully suggest-----

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The Deputy said it was with great difficulty he could not but interrupt. He has never had any difficulty interrupting from my experience in the House. There is a prison overpopulation issue. That is accepted by the Government. The Minister has brought forward proposals which will result in about 960 additional prison spaces. That can be done as quickly as possible. Opposition is being created where this expansion is happening. I have no doubt that other members of the Deputy's party may very well be criticising some of the decisions the Minister has taken regarding the location of those prisons. That is the consistency of political opposition. I suppose it is a condition of it. On migration, what is the Deputy suggesting? Is it that there be no sanctions at all for those who are breaking our laws in respect of migration?

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There has to be a balance. I suggest that the Deputy's basic assertion is wrong and flawed.

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I agree with the Deputy this must be a priority to reverse the pollution of Lady's Island Lake. A specific action plan should be developed for the lake and so forth. That will have to involve a number of stakeholders. It will not just be agricultural stakeholders, but, obviously, they will be key. The Minister of State responsible for biodiversity should lead on this in conjunction with the Ministers for agriculture and climate. We are engaged in a range of projects across the country. This will have to be done on cross-departmental basis. The climate and biodiversity dimensions have to be central to this in order to get improvements. There will have to be a whole-of-government approach because there may be a need for financial intervention in order to enable any plan to have impact on the ground. I know it is not the Deputy's intention to apportion blame, but he is clearly saying that farming is creating the nutrient run-off into the lake. Clearly, the solution is going to have to involve neighbouring farmers. I will engage with the Minister of State, Christopher O'Sullivan, the Minister, Martin Heydon, and the Minister, Darragh O'Brien, and ask them to come together to devise a plan to deal with this issue. We have seen plans on other issues - whether it was the Corncrake LIFE project or the white-tailed eagles - in respect of which we engaged with stakeholders and which were - I will not say floundering - in difficulty early on. Through engagement with the National Parks and Wildlife Service, NPWS, we got good responses and this resulted in the success and progression of those projects. There are other projects farmers have co-operated with - the Burren being a very good example - where we have also got good outcomes. It is possible to get a good outcome, but an action plan involving all stakeholders has to be developed with a view to getting the outcome the Deputy correctly identified. It is not satisfactory to have ecological devastation at such an important site for a range of reasons.

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I certainly do not. Over the last number of years, I have taken a direct interest in the work of the NPWS and the biodiversity issue. We doubled the staff of the NPWS and we bought additional lands to transform into national parks. We now have a biodiversity officer in every local authority. When he was Minister of State, Senator Malcolm Noonan, did a lot of good work and I worked very well with him on this agenda. I hear what the Deputy is saying regarding the centrality of the Department of agriculture but if it was left on its own, we might not get what he is looking for, and I do not mean that in an disparaging way as other stakeholders have to be involved as well. The EPA clearly has a role in terms of water quality and so on. The Minister of State in the Department of housing with responsibility for biodiversity has a clear role as well to pull this together. I will personally intervene to see if we can get an action plan put together to start the process of reversing this.

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