Maria Corrigan (Fianna Fail)
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I am thankful for the opportunity to raise this issue and I thank the Minister for remaining in the House so late in the night. I am conscious that he has had a long day. However, this is a very important and sensitive issue and I have been raising it since before I had the honour of becoming a Member of the Seanad.

At present, there is an inspectorate for children's residential services. However, if one is providing residential services for children with a disability, unaccompanied minors or adults with an intellectual disability, one is exempt from inspection. This is bizarre, indefensible and completely unacceptable.

In recent months, the publication of the Ryan report provoked considerable reaction and very sincerely expressed sentiments to the effect that what happened to the children referred to in the report should never be allowed to happen again in the State. It is very clear from reports such as the Ryan report and the Ferns Report that the children who were victimised were the most vulnerable and had little, if any, voice. Today, those who are most vulnerable and who have little, if any, voice are children with disabilities in residential care, unaccompanied minors in residential care and adults with an intellectual disability in residential care.

I have very deep admiration for the Minister of State, Deputy John Moloney, and appreciate the commitment he made to me in our recent debate on the Ryan report. He undertook to revisit the decision to defer the introduction of the inspectorate. I would appreciate it if the Minister had available an update on the establishment of an inspectorate for these very vulnerable people.

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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I will be taking this matter on behalf of the Minister for Health and Children. I thank Senator Corrigan for raising this important topic. I am pleased to have the opportunity to outline the position regarding the inspection of residential facilities for people with disabilities and for unaccompanied minors.

The Health Information and Quality Authority, HIQA, has broad functions which include providing an inspection service for residential centres provided by or on behalf of the State. At present, the social services inspectorate, based within HIQA, inspects HSE-operated residential services for children in need of care and protection, including special care units, children's detention schools and foster care services.

The current service provision to separated children includes foster care, residential care, supported lodgings and hostel care. There are four registered children's homes in operation for separated children, accommodating children up to the age of 16, and seven hostels providing accommodation for such children aged 16 and over. The HSE has indicated that two of the seven hostels closed at the end of October and that two more are to be closed early in 2010. The hostel accommodation is provided by non-statutory or private service providers on behalf of the HSE. The hostels in use in Dublin will be phased out and plans are in progress to place separated children in appropriate residential and foster care placements throughout the country. The registration and inspection service of the HSE is responsible for the inspection of these residential services. HIQA does not currently inspect residential services operated by non-statutory or private service providers. When the relevant sections of the Health Act 2007 are commenced, the remit of HIQA will include inspections of both statutory and non-statutory children's residential centres.

The Report of the Commission to Inquire into Child Abuse 2009: Implementation Plan, published in July, contains a number of recommendations in regard to the independent inspections of children's residential centres. The plan recommends that the Health Act 2007 be commenced to allow the independent registration and inspection of all residential centres and respite services for children with a disability by December 2010. The HSE will end the use of separately run hostels for separated children seeking asylum and accommodate children in mainstream care on a par with other children in the care system by December 2010. In the interim, the HSE will inspect and register residential centres and hostels where separated children seeking asylum in the care of the HSE are placed, in accordance with the Child Care Act 1991, pending the commencement of the Health Act 2007.

In regard to residential services provided to adults with disabilities, the national quality standards for residential settings were published by HIQA in May 2009. Given the current economic situation, to move to full statutory implementation of the standards, including regulation and inspection, presents significant challenges. However, notwithstanding these difficulties, the Department, the HSE and HIQA have agreed that progressive implementation of the standards will now commence. These will become the benchmark against which the HSE assesses residential services that the HSE funds. Discussions are ongoing regarding the development of self-assessment tools, providing awareness training for service providers and the introduction of an appropriate level of external validation for relevant settings. In addition and in accordance with the commitment given in the implementation plan for the Ryan commission report, the Minister will bring detailed proposals to the Government in the autumn with regard to the protection of vulnerable adults with disabilities currently in institutional care.

As outlined, children with disabilities in generic residential centres are covered by the standards and inspection regimes already applying to those centres. A further approximately 150 centres offer residential or respite care to approximately 300 children with disabilities. These children are not in the care of the State, although they are cared for by it. Most of these centres are run by voluntary organisations funded by the HSE and are excluded from the inspections under the Child Care Act 1991. The Ryan report recommends that "all services for children should be subject to regular inspections in respect of all aspects of their care". The implementation plan for the recommendations of the Ryan commission contains a commitment that the Health Act 2007 will be commenced to allow for the independent registration and inspection of all residential centres and respite services for children with a disability by December 2010.

I thank Senator Corrigan again for raising this issue and giving me the opportunity to outline the current plans in respect of the inspection of residential services provided by or on behalf of the HSE.

Maria Corrigan (Fianna Fail)
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I thank the Minister for his comprehensive and encouraging response. He is answering on behalf of the Minister for Health and Children, but would it be possible to send this matter back to her with regard to the inspection of services for adults with disabilities? I can understand the economic difficulties and that there will be a commitment to commence the implementation of the standards, if not necessarily the inspections.

Although we are awaiting inspections, we are in a position to start with some of the homes and centres that provide for adults with intellectual disabilities. The staff cannot be faulted, but some of those homes and centres can be isolated and may not receive any visitors from one end of the season to another. Could an interim measure see a visit by someone from the HSE to say, "Hello"? In this way, someone from outside the homes would be dropping by.

Paddy Burke (Fine Gael)
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I thank the Minister and the staff of the House. It has been a long day.