Dáil Éireann Debate, Tuesday - 13 January 2026
2288. Deputy Ciarán Ahern asked the Minister for Health the way in which the State regulates and monitors the use of restrictive practices (details supplied) in older people’s non-residential care settings; and if she will make a statement on the matter. [74942/25]
View answerThe use of restrictive practices in designated centres for older people and for people with disabilities (as defined under the Health Act 2007) is regulated and monitored by HIQA, and in approved centres (as defined under the Mental Health Act 2001) by the Mental Health Commission.
In relation to non-residential care services, HIQA’s National Standards for Safer Better Healthcare provide the quality standards framework for all healthcare services provided by or on behalf of the HSE (excluding mental health) and private hospitals. The framework includes standards in relation to the protection of rights, respect and promotion of dignity, privacy and autonomy and protection of service users from abuse.
More broadly, the Government has recently progressed a number of important initiatives to enhance the regulatory framework for older persons health and social care services in relation to adult safeguarding and home support services.
As the Deputy will be aware, there is already a framework of standards, policies and procedures in place across the health and social care sector to safeguard adults at risk, including older people, from abuse and harm. This includes a National Safeguarding Office in the HSE, specialist Safeguarding and Protection Teams in each health region, designated Safeguarding Officers within services and specific regulatory requirements for residential care services which are inspected against by HIQA and the Mental Health Commission.
In order to further strengthen this framework, a new National Policy Framework for Adult Safeguarding in the Health and Social Care Sector was approved by Government and published on 9 December 2025, and is the first policy of its kind in Ireland. The policy framework will extend across all public, private and voluntary health and social care services. A range of both legislative and non-legislative measures are included to significantly expand and strengthen existing supports and protections for adults at risk of harm across the health and social care sector. Implementation structures as set out in the policy will now be established, and the Chief Social Worker in the HSE will lead the development of an implementation plan within 6 months.
In relation to home support services, the 2025 Programme for Government includes the commitment to “Design a Statutory Homecare Scheme to allow people to stay in their own home for as long as possible.” Work is ongoing within the Department to progress this commitment. A necessary pre-condition for any statutory scheme is to ensure that the sector is regulated. The Department is therefore developing a regulatory framework for all home support providers, including the Health (Amendment) (Home Support Providers) Bill 2025.
This Bill will introduce, for the first time, the registration and regulation by HIQA and the Chief Inspector of Social Services of all home support providers in Ireland – public, private and voluntary. The objective of the proposed registration system is to improve the safety and quality of home support services. It will ensure that registered home support providers do not operate below the standard set by Ministerial regulations. This will help to instil confidence in the public that the services provided are of a high standard and will bring Ireland in line with best international practice.
The Bill has been approved by Cabinet and is currently being scheduled for presentation in the Dáil. Amendments may be made to the proposals included in the published Bill following scrutiny by the Dáil and the Seanad. After the Bill has been enacted, the Department will work with HIQA, and in consultation with the sector, on the legal drafting of the secondary legislation (the regulations).
