Tánaiste says gardaí should investigate treatment of nursing home residents in RTÉ documentary
TÁNAISTE SIMON HARRIS has said that the treatment of residents at nursing homes highlighted by a RTÉ documentary should be investigated by gardaí.
Harris said the State is too reliant on the private market for nursing home care and said that 'far too many' people in Ireland go into nursing homes 'far too early'.
Emeis Ireland, formerly known as Orpea, operates 27 nursing homes across Ireland.
A recent RTÉ Investigates programme
investigated poor treatment and practices
at two of the homes operating in the chain.
The investigation documented staff at the nursing homes leaving residents dressed in inappropriate incontinence wear, leaving them unchanged for hours at a time, and being discovered in wet clothing after they had wet themselves.
The programme also showed a man with dementia being 'roughly handled' by staff.
Speaking in the Dáil today during Leaders' Questions, Labour TD Marie Sherlock said that there are 'huge questions for Government' over how to care for older people in Ireland.
She said there are no minimum staffing levels for nursing homes and asked Harris whether he is 'comfortable' with the nursing home sector 'becoming dominated by big business'.
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Responding, Harris said: 'The short answer is I believe the State is too reliant on the private market when it comes to nursing home provision.
'That's why we established a commission of care because I do think we need to look at the entire model of how we care for older people in this country.'
He said that he accepts that people 'work in very demanding environments' but that he 'also believe[s] what stems from what we've seen on our television screens in recent days are real questions of personal accountability.
'There are laws in our land today. There are laws in relation to assault, there are laws in relation to how we conduct ourselves, and I would urge that a referral is made to An Garda Siochana in relation to the footage that we saw.
'Because what I saw with my own two eyes, the haunting scenes of people being, in my view, physically assaulted in their home, is something that – the government has responsibilities here to do things, absolutely, but so too do people who carry out those actions.'
Harris also said the Health and Information Quality Authority (Hiqa) has questions to answer as there were 'serious shortcomings'.
'There is no law, there is no ideology, or there is no model of care that can excuse away – either in its existence or its absence – the conduct of people who decided to physically manhandle elderly people with dementia, and I want them held accountable and I want the gardaí to look at the matter.'
The Public Accounts Committee has unanimously decided to call senior representatives from Hiqa, the HSE and the Department of Health after the documentary.
PAC chairman John Brady said: 'The revelations uncovered in this investigative report have understandably caused widespread outrage and deep public concern. They raise fundamental and troubling questions about the oversight, governance and accountability mechanisms in place within the residential care sector.'
Contains additional reporting by Press Association
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The Journal
17 hours ago
- The Journal
FactCheck: How will Ireland's new system for organ donation work?
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However, not all commentators have seen the bill this way. Criticisms of the bill aired in the Oireachtas, when it was the subject of seven debates, ( which can be read here ), including concerns about increases to hospitals' administrative burden, or how data is collected. However, after dozens of amendments — a normal part of the passage of legislation through the Dáil and Seanad — it appears that the Act in its current form enjoys broad support. Online commentators have taken more extreme issues with the Act, and what it has set out to do, taking issue with the very idea of opting-out of organ donation. 'Do you want the state to have ownership over your organs???' reads the caption on a Facebook video, viewed more than 55,000 times since it was posted in May. 'The State will take ownership of the organs of all of its citizens under presumed consent, with the introduction of the Human Tissue Act,' a woman in the video says to camera. The video's description reads: 'If you don't protect domain over your own body, the State can inject and implant whatever they see fit.' But how exactly does the Human Tissue Act change things? Does it mean that the State will own your organs once parts of the legislation become law next week? How organ donation works now Experts who spoke with The Journal said that the new legislation was the first of its kind in Ireland. 'The Human Tissue Act itself is quite a beast,' Colin White, the National Advocacy and Projects Manager with the Irish Kidney Association has said. 'It covers a large, large area. Transplantation and organ donation is only Part Two of the [six-part] legislation.' He also pointed out that the law has not yet been enacted because the Government has sought to figure out how to set up parts of the system, such as the opt-out register. 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'Originally it was the Kidney Donor Card, because the kidney was the organ that was being mostly transplanted. For the other organs, the science hadn't quite got there. 'Over time, that has morphed into the organ donor card that we know today. The Irish Kidney Association is still responsible. Every single organ donor card that's in the country comes out of our office.' However, despite what many people believe, the card itself doesn't have any legal weight. 'The donor card has space for two signatures on the back of it, one for the owner and one for a person's next of kin,' White explained. 'The idea is then that they take the card and go to a family member and say, 'Here, there's a space for you to sign this. Will you sign here?' 'That's its primary function — it's an icebreaker into the conversation about organ donation. Because typically, it's not something that comes up at the dinner table 'How was your day, dear? 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'If somebody feels 'I'd rather not be considered a potential organ donor, I'd rather not have my family to have to address that question', they will be able to go to a HSE-run register and record their details,' White told The Journal. 'So in the event that they die in the circumstances where organ donation is a possibility, the first step from the hospital will be to consult the opt-out register.' People who are not included on the register will be 'deemed to consent' to organ donation. However, that is not the end of the legal hurdles. As under the previous system, a person's next-of-kin still has to agree to the donation. The new legislation formalises the concept of a 'designated family member', and will rank these in order, from spouses and civil partners, through siblings, down to friends. If more than one person shares the highest applicable rank, just a single objection is enough to stop an organ from being donated. 'Where a deceased person is not on that register and there is therefore 'deemed consent', a doctor cannot remove organs unless what is termed a 'designated family member' has confirmed in writing that they have no objection to donation,' Kilraine told The Journal. 'The Act does not change that. The decision with respect to organ donation is ultimately settled after death and by someone other than the deceased.'' Given these new restrictions, how is the new system expected to increase the number of organ donations rather than discourage them? 'The idea behind it is to try and kind of make it more the cultural norm, that it's part of the dying process,' White said. 'Under the current system, the conversation might be 'did your loved one have an organ donor card?', or 'did you ever have a conversation about organ donation?', or 'do you think organ donation is something that they would have considered?' — that kind of phraseology.' 'After 17 June, the question will be more about, as the legislation says, 'Is there any reason you think your loved one would have objected to organ donation or not want to have been considered?'' Further restrictions But the legislation still places further restrictions around organ donation after a person dies. Over six chapters, Section 2 of the Human Tissue Act breaks down the rules, principles, and priorities that have to be accounted for during the process. These are too long to delve into in detail, but generally, the Act takes a cautious tone when it comes to donating a dead person's organs. 'In the absence of 'opting out', all adults who are 18 years of age or above, ordinarily resident in the State for 12 months or more, who do not lack capacity and or have not for a significant period of time before their death are deemed to consent to organ donation,' Kilraine said. 'People not satisfying these criteria include children, who cannot be deemed to have given consent.' 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The term 'property' does not appear once in the Human Tissue Act, nor does the term 'ownership'. The term 'owner' does appear three times, but always in relation a building or business, e.g. 'the owner of the hospital'. Instead, dead bodies and organs are legally put under 'authority', a far more limited concept than that of property. 'Next of kin have certain rights and responsibilities with respect to a dead body including with respect to burial and decisions regarding post mortems and organ donation,' Kilraine said. 'This does not amount to ownership.' 'Where a death is sudden, unexplained or in suspicious circumstances, the coroner has legal authority over the body and can order a post-mortem and or retain the body for investigative purposes. 'This authority when in force supersedes any rights of the next of kin or family. It is however as a custodian, and neither the coroner or the State have ownership of a dead body. 'None of the above are changed by the Act. Organs of dead people would not be said to be property of the state or of anyone else.' The gift of life The new Irish legislation follows opt-out systems that have been put in place in other countries, including in every jurisdiction in the United Kingdom. However, since being introduced in England in 2020, it has not had a major impact on the number of organs that have been donated. In large part, this was due to potential donations being overruled by patients' families. Of the 1,036 cases where deemed consent applied, the family did not support donation 446 times, according to statistics from the NHS . In many ways, the conversation encouraged by the Kidney Donor Cards since the '70s is still the key to successfully enabling organ donations. 'When we lose a loved one, there's very much that element of powerlessness,' White told The Journal 'And then there's this opportunity, if you're in that 1-2%, to transform the lives of others.' 'I've witnessed, over the years, donor families coming up to the transplant recipients to say 'thank you', which is mind blowing. The recipients say 'No, hold on there! It's your loved one and your decision that has allowed me to do what I'm doing'. 'But the donor families say: 'No. It brings some degree of meaning to the loss of our loved one.'' 'We have to think of organ donation, not only in terms of the recipients, but equally of the donor family,' White said. 'We've lost a loved one, but there are other families out there who are getting to celebrate another of life's milestones, to see another Christmas, to share another sunrise.' The Human Tissue Act introduces a new framework for organ donation, however the rights of surviving family members remain paramount. 'Empower your family. Have the conversation,' White implored. 'Or, some might put it a different way: take the decision out of your family's hands by letting them know what you want.' Want to be your own fact-checker? Visit our brand-new FactCheck Knowledge Bank for guides and toolkits The Journal's FactCheck is a signatory to the International Fact-Checking Network's Code of Principles. You can read it here . For information on how FactCheck works, what the verdicts mean, and how you can take part, check out our Reader's Guide here . You can read about the team of editors and reporters who work on the factchecks here . Readers like you are keeping these stories free for everyone... It is vital that we surface facts from noise. Articles like this one brings you clarity, transparency and balance so you can make well-informed decisions. We set up FactCheck in 2016 to proactively expose false or misleading information, but to continue to deliver on this mission we need your support. Over 5,000 readers like you support us. If you can, please consider setting up a monthly payment or making a once-off donation to keep news free to everyone. Learn More Support The Journal

The Journal
21 hours ago
- The Journal
Tánaiste says gardaí should investigate treatment of nursing home residents in RTÉ documentary
TÁNAISTE SIMON HARRIS has said that the treatment of residents at nursing homes highlighted by a RTÉ documentary should be investigated by gardaí. Harris said the State is too reliant on the private market for nursing home care and said that 'far too many' people in Ireland go into nursing homes 'far too early'. Emeis Ireland, formerly known as Orpea, operates 27 nursing homes across Ireland. A recent RTÉ Investigates programme investigated poor treatment and practices at two of the homes operating in the chain. The investigation documented staff at the nursing homes leaving residents dressed in inappropriate incontinence wear, leaving them unchanged for hours at a time, and being discovered in wet clothing after they had wet themselves. The programme also showed a man with dementia being 'roughly handled' by staff. Speaking in the Dáil today during Leaders' Questions, Labour TD Marie Sherlock said that there are 'huge questions for Government' over how to care for older people in Ireland. She said there are no minimum staffing levels for nursing homes and asked Harris whether he is 'comfortable' with the nursing home sector 'becoming dominated by big business'. Advertisement Responding, Harris said: 'The short answer is I believe the State is too reliant on the private market when it comes to nursing home provision. 'That's why we established a commission of care because I do think we need to look at the entire model of how we care for older people in this country.' He said that he accepts that people 'work in very demanding environments' but that he 'also believe[s] what stems from what we've seen on our television screens in recent days are real questions of personal accountability. 'There are laws in our land today. There are laws in relation to assault, there are laws in relation to how we conduct ourselves, and I would urge that a referral is made to An Garda Siochana in relation to the footage that we saw. 'Because what I saw with my own two eyes, the haunting scenes of people being, in my view, physically assaulted in their home, is something that – the government has responsibilities here to do things, absolutely, but so too do people who carry out those actions.' Harris also said the Health and Information Quality Authority (Hiqa) has questions to answer as there were 'serious shortcomings'. 'There is no law, there is no ideology, or there is no model of care that can excuse away – either in its existence or its absence – the conduct of people who decided to physically manhandle elderly people with dementia, and I want them held accountable and I want the gardaí to look at the matter.' The Public Accounts Committee has unanimously decided to call senior representatives from Hiqa, the HSE and the Department of Health after the documentary. PAC chairman John Brady said: 'The revelations uncovered in this investigative report have understandably caused widespread outrage and deep public concern. They raise fundamental and troubling questions about the oversight, governance and accountability mechanisms in place within the residential care sector.' Contains additional reporting by Press Association Readers like you are keeping these stories free for everyone... A mix of advertising and supporting contributions helps keep paywalls away from valuable information like this article. Over 5,000 readers like you have already stepped up and support us with a monthly payment or a once-off donation. Learn More Support The Journal


Irish Examiner
a day ago
- Irish Examiner
Hiqa to be quizzed by PAC about its oversight of nursing homes
Hiqa is set to face questioning from the Public Accounts Committee (PAC) on failures of oversight in nursing homes. The HSE and senior health officials have also been called before the committee as a matter of urgency in an effort to uncover how the failures observed in a recent RTÉ exposé were allowed to persist and whether warning signs were ignored, overlooked or inadequately responded to. Hundreds of millions of euro of the public's money is provided to the nursing home sector through multiple channels and taxpayers have the right to know that this money is used to provide the highest standards of care, chairman John Brady said. "The PAC is committed to ensuring that this is not just another brief moment of outrage followed by inaction," Mr Brady said as the committee took the unanimous decision to call the bodies to appear. Labour's Martin Wall told the Dáil that Hiqa has failed in its duty and is not fit for purpose. Families who have contacted him over the last week have been failed by Hiqa reports which "painted a picture that was far from the reality" and led to families "unwittingly putting their relatives in harm's way". Minister of state for older people Kieran O'Donnell said there has been continued "intensive engagement" regarding the two Emeis Ireland-run nursing homes featured in the RTÉ programme. Mr O'Donnell said: It was identified, the issues in Portlaoise, in the two Hiqa reports. The Beneavin report did not highlight that fact. These are questions I have put to Hiqa. He said an interim report on Emeis Ireland overall is expected by the end of the week with a final report due next week. The over-reliance on private providers came under fire from backbench and Opposition TDs alike with the Government accused of a "specific, determined and protracted policy of privatisation of nursing home care" by Matt Carthy. Mr Carthy said older people are being treated like a commodity in a "race to the bottom" in a largely privatised nursing home sector. His party colleague Louise O'Reilly said a small number of private providers are cutting corners in the name of chasing a profit with the Government facilitating them in this pursuit. Ms O'Reilly said: You are making millionaires on the back of human misery and indignity and poor treatment of our older people and vulnerable people. Fianna Fáil TD and GP Martin Daly said there needs to be a move away from large, corporate congregated settings in favour of smaller, community-based homes. "I am told it takes a congregation of 70 in a nursing home to make it profitable for private operators," Mr Daly said, noting the large number of small nursing homes that have closed in recent years. Mr O'Donnell acknowledged that the sector has moved from predominantly State-led services to almost 80% being provided by the private sector but said there is continued investment into the community nursing unit programme including €4m to staff and the opening of 615 public community beds this year. The Dáil also heard that an adult safeguarding policy is to be brought to Government before the summer recess next month.