Health (Amendment) (Home Support Providers) Bill 2025: Committee and Remaining Stages
Seanad Éireann — 2026-06-23
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Kieran O'Donnell (FG), Limerick City

I thank the Acting Chair very much. I thank Senator Boyhan for a very comprehensive overview of safeguarding.
I would like to address this matter in the context of the points the Senator raised. There were a number of things. I have a briefing note, which I will go through, but I will give some structure in terms of an outline.
Within the Bill itself, section 21 amends section 101 of the principal Act. I am referring specifically to the insertion of a new section 101(4)(f):
the policies to be maintained by a registered home support provider to ensure the safety and quality of the services provided by the provider, including in relation to safeguarding, medication support, infection prevention and control, risk management and quality assurance ...
This means that there would be a specific requirement under the Act itself, and in the context of this Bill, that home support providers would have to maintain policies on a number of areas, including safeguarding.
The Senator raised two elements in this context: adult safeguarding and safeguarding for children. In terms of adult safeguarding, the Senator will probably be aware that under the Children First Act 2015, safeguarding policies are already in place for children. The relevant agency here is Tusla. In terms of adult safeguarding, the situation that obtained when I came into this role was that there was a commitment in the programme for Government to publish a national policy on adult safeguarding for the health and social care sector. We published that policy last December and the Government approved a policy framework. It is the first of its type in this area. Once again, it is something I worked on intensively with the officials. In addition, the Government has approved the development of legislation to underpin the framework. At the moment, the Department is working on a general scheme of a safeguarding Bill. We hope to bring that to the Cabinet before the end of the year. I think that will dovetail into the Senator’s 12-month period. In the time the Senator is talking about, we expect to publish the general scheme of a Bill on adult safeguarding in the health and social care sector, which will come into line with the existing safeguarding legislation and policy for children as set out in the Children First Act 2015.
The policy framework itself includes legislative and non-legislative commitments that will significantly expand the existing supports and protections for adults at risk of harm across the social care sector. In terms of structures, the HSE will be responsible, but the delivery of adult safeguarding will operate independently of the operational side of the HSE. This is something I am strong on, and we will be incorporating it into the legislation. HIQA will have the remit in terms of independent oversight and monitoring of adult safeguarding. Furthermore, in the context of the home support Bill, there will be equally independent oversight as well. We held a stakeholder forum very recently, on 3 June, to discuss and engage on the implementation of the policy framework. The HSE’s chief social worker is leading the development of the implementation plan, which will come to the Department.
I will go back to the central point the Senator raised, which was elder abuse. Any form of abuse is unacceptable. Elder abuse can happen in any environment. In the policy framework we published last December, we have covered all aspects except for self-harm. That is not included. It is a specific, separate body of work that the HSE is undertaking.
Everything else, including coercion, financial, physical, emotional and sexual abuse, or any other form of abuse, is covered in that space.
I take the Senator's point. I would never put words in his mouth, but the word he was looking for may have been "instinct". If you have an instinct about something happening, you roll with it. If I am correct, that would summarise the position, and I accept that.
On home support hours, I am working with the HSE. We have seen a decrease, albeit not a huge one. The numbers are not going up. It is very simple. We have given additional funding to the HSE to recruit 257 additional home support workers. That is the key to bringing down the home support waiting list. We want to see the HSE recruiting for vacant posts. It is a matter on which I am actively working with the HSE.
The Senator made reference to decision-making. We obviously have the Assisted Decision-Making (Capacity) Act and the decision support services. It is very difficult for older people who may have myriad issues. They have to feel that one thing is safe. That is why we are looking for joined-up thinking. We are bringing through the home support Bill. That is the first step in statutory home care. More particularly, it will regulate the sector. Adult safeguarding legislation is being prepared. That will underpin what is in the framework on adult safeguarding. It will be in line with what is currently there for children, through the Children First Act. We expect that the general scheme of the legislation will go to the Cabinet before the end of the year, which will link in with the 12-month timeframe to which the Senator referred.
I accept what the Senator has put forward and the spirit in which he is putting forward. However, we are progressing in that space in a structured manner. For that reason, I will not be accepting this amendment. I take on board the sentiments the Senator expressed with his usual eloquence.

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/seanad/2026-06-23/debate/main
Retrieved: 2026-08-14T04:55:05+00:00
Sitting date: 2026-06-23