I thank Deputy Nash for taking this amendment, which was tabled by Deputy Sherlock. The proposed amendment from Deputy Sherlock seeks to provide HIQA and the Health and Safety Authority inspectorates under the Workplace Relations Act 2015 with the powers to request information relevant to the performance of their functions, as set out under the Health Act 2007, and allows each organisation to share such information where it appears to it to be required for the other body to carry out its functions as set out under the Act. Neither the Health and Safety Authority nor the Workplace Relations Commission have any functions assigned to them under the Act, rendering the proposed provisions-----
Sentiment score: 0.50
I will go back over my contribution for the sake of clarity. I thank the visitors for their patience and welcome them. Neither the Health and Safety Authority nor the Workplace Relations Commission have many functions assigned to them under the Act, rendering the proposed provision inoperable for either body. Additionally, the established legislation for the Workplace Relations Commission, under section 27 of the Workplace Relations Act 2015 and section 72 of the Safety, Health and Welfare at Work Act 2005, includes powers to request information in respect to their functions. Chief inspectors are provided with similar powers under section 69W inserted in the Bill we are discussing today. It is important that public bodies are able to share information with each other. The Data Sharing and Governance Act 2019 provides a framework for how public bodies can share data and the necessary requirements for doing so. The framework helps to ensure personal data is shared in a consistent manner with full transparency in the way in which data is shared. Consequently, on the basis of what I have just outlined, I will not be accepting the amendment.
Sentiment score: 0.43
I thank Deputy Rice for tabling this amendment. Section 69B(2) sets out the circumstances where a homecare support provider can seek an exemption to the requirement to register under the Bill. This ensures there is suitable clarity and transparency about when a person will be exempt from the requirement to register. Section 69B(2)(a) provides that where a person provides a homecare support service to fewer than four people, that person will be exempt from the requirement to register. This exclusion was carefully considered as part of the original general scheme to ensure the regulatory burden placed on providers was proportionate to the size of the service being provided. These small services are typically single operators working on a one-to-one basis with service users. These operators can be considered especially valuable in rural areas. This exemption also seeks to exempt PA services where a service user directly employs a personal assistant. These arrangements allow service users to direct the way in which their services are provided, which upholds the principles of the United Nations Convention on the Rights of Persons with Disabilities. International comparisons were also looked at when drafting the exemptions. Wales includes a similar exemption in its version of homecare, which is called domiciliary support services. When I visited Wales, and particularly Cardiff, on St. Patrick's Day, I met the Welsh minister responsible and her officials to discuss this aspect. The Welsh scheme exempts providers who provide support to four or fewer people at any time. The Bill exempts providers who provide support to fewer than four people, which is three or fewer. Northern Ireland, Scotland and England all exempt services where the care and support is provided by a single individual. Based on this proportionality, I cannot accept the amendment. I know the intent behind it. The legislation will be reviewed two years after it fully comes into operation and we will look at it. However, it was carefully thought about and we looked at international comparisons and at making it proportionate. I am not accepting the amendment, but I note its intent.
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I thank Deputy Rice for his support for the legislation and assure him that all aspects will be covered in the review. In response to Deputy Ó Murchú, PA services are under the remit of the Department of children and disability. Our Department has been very open. The other Department has a review ongoing so PA is not included in the legislation at the moment, but we are open going forward in the process, once the other Department has concluded its deliberations. I thank the Deputies for their contributions.
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Will the Ceann Comhairle permit me to make a final comment?
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I thank all the contributors to Second Stage, Committee Stage and Report Stage. This is an important Bill and I thank them all for their contributions. The development of this regulatory framework has been a key priority for the Government and represents an integral part of the ongoing development of the statutory homecare scheme as committed to in the programme for Government. I acknowledge the work of my predecessor in this role, the Minister of State, Deputy Butler, who is in the Chamber with us, and more particularly the great work completed by the officials in the Chamber and their colleagues. Officials from my Department, together with colleagues in the Department of Children, Disability and Equality, are considering the most appropriate approach to giving effect to the regulations needed to support this legislation. Should amendments be required to deal with this matter, I will bring them forward as the Bill moves through the Houses of the Oireachtas. I thank Deputies for their contributions. I look forward to working with them in the future on the area of home support and progressing statutory homecare, which was committed to in the programme for Government.
Sentiment score: 0.43