Minister Butler welcomes the signing into law of the Health (Miscellaneous Provisions) (No.2) Bill 2024 by the President

Minister for Mental Health and Older People, Mary Butler has welcomed the signing into law of the Health (Miscellaneous Provisions) (No.2) Bill 2024 by President Higgins following its completion of all stages in the Houses of the Oireachtas on 10 July 2024.

The Bill introduces a number of changes to the Health Act 2007, the Nursing Homes Support Scheme (NHSS) Act 2009 (Fair Deal) and the Mental Health Act 2001. These include:

New enforcement powers for Health Information and Quality Authority’s (HIQA’s) Chief Inspector of Social Services, including the power to issue compliance notices, to enhance compliance with Regulations in residential care centres to further protect residents.
New provisions to enhance powers to collect and publish data from nursing homes to allow for more integrated national planning across the sector.
Additional family members, including great-grandchildren, great-nephews, great-nieces, first cousins and first cousins once, twice, and thrice removed to be considered as a ‘family successor’ to a family farm or business assets under the NHSS.
Extension of the term that people can serve on the Mental Health Tribunal panel from three to five years.

Minister Butler said:

“The amendments to the Health Act 2007 will bolster the existing regulatory framework for residential care centres regulated under the Act, strengthening the Chief Inspector’s current powers, and enhancing current provisions to ensure they provide the optimal safeguards for the people living in these centres. These are some of our most vulnerable people, and it is vital that we have a robust system of regulation to ensure they are receiving safe quality care.

"Expanding the definition of a ‘family successor’ to a family farm or productive business in the NHSS will benefit a group of individuals who do not have immediate relatives and who wish to benefit from the current relief in the NHSS. This is an important measure to support the sustainability and viability of family farms and business.

“The amendment to the Mental Health Act 2001 will allow the Mental Health Commission to plan now for the appointment of tribunal members for five years. This is a pragmatic measure and will have an immediate positive impact on the public purse."

Notes to Editor:

The Health Act 2007 established HIQA and the Office of the Chief Inspector of Social Services. It also provides the regulatory framework for residential services for older persons (nursing homes), persons with disabilities and children in need of care and protection. The Chief Inspector of Social Services monitors compliance with this regulatory framework.

The amendments to the 2007 Act are in response to key recommendations in the COVID-19 Nursing Home Expert Panel Report, which called for the enhancement and modernisation of the regulatory framework governing nursing homes.

Amendments to the Health Act 2007 include:

Introducing new powers for the Chief Inspector of Social Services to issue compliance notices to provide a more agile and proportionate tool for intervention to support compliance in residential centres for older people and people with disabilities, complementing the current Section 51 processes under the Act. The provisions are similar to compliance notice models in other legislation.
Providing a new function for the Chief Inspector to collect, share and publish key operational data in relation to nursing homes. This will help oversight and future planning of the nursing home sector in Ireland.
Reducing timelines for existing enforcement provisions initiated under Section 51, to expedite the current system of imposing conditions on registration or cancelling registration and to maintain consistency with the current District Court Rules to bring motions to appeal.
Providing a clear legal basis for the Chief Inspector to enter and inspect a premises which is unregistered, if he or she has reasonable grounds to believe that the business of an unregistered designated centre is being carried on.

The Nursing Homes Support Scheme Act 2009 established the NHSS under which financial support is provided to those availing of long-term residential care services. The amendments will widen the definition of those eligible to be considered as a ‘family successor’ to a family farm or productive business assets to include great-grandchildren, great-nephews, great-nieces and first cousins once, twice and thrice removed. Under the Nursing Homes Support Scheme (NHSS) (Amendment) Act 2021, contributions from farm and business assets can be capped after three years in care, as long as the family successor that is appointed will continue to run the asset for a period of time.

Amendments to the Nursing Homes Support Scheme Act 2009 to:

Extend the definition of those eligible to be considered as a ‘family successor’ to a family farm or business assets to include great-grandchildren, great-nephew and great-nieces and cousins once, twice and thrice removed.
Provides for further technical amendments to the 2009 Act.

The Mental Health Act 2001 sets out the legal procedures for admissions and treatment in approved mental health centres. It aims to protect the rights of everyone using mental health services and ensures that the patient's best interest is prioritised.

The Mental Health Commission will shortly begin its recruitment campaign for the appointment of tribunal panel members again. This legislative change is timely, allowing the extended term to be incorporated into this recruitment process. It is worth noting that each recruitment campaign costs in the region of €250,000 and is administratively burdensome for the Commission.

Amendment to the Mental Health Act 2001 to:

Change the length of time a person can serve on a mental health tribunal, operated by the Mental Health Commission, from the current term of three years to five years.

Secondary legislation will now be developed to enable the provisions on the collection, sharing and publication of key data from nursing homes.