Minister of State for Older People and Housing, Kieran O’Donnell, confirmed the exclusion at the committee stage of the Health (Amendment) ( Home Support Providers) Bill 2025.
He was responding to Sinn Fein TD Ruairi O Murchu who asked if he had engaged with the Minister Minister for Children, Disability and Equality, Norma Foley on the issue.
Mr O Donnell who was before the Oireachtas health committee said: “We have had extensive engagement with the Department around personal assistants.
“They have asked that it be excluded at the moment. There is a peer review group under the auspices of the Department of Children, Disability and Equality which is doing a body of work and it is liaising with disability groups, disability advocates. It is chaired by the HSE and we are very open two what it comes back with if it something it wants,” he added.
“It is important the service users are engaged with,” he told the committee.
Currently home care is not regulated. The Bill amends the Health Act of 2007 aims to provide for a registration framework for home support providers, while making it an offence to operate a home support service without a registration, and incorporating transitional arrangements for existing home support providers.
Home support providers will be required to adhere to a registration framework supported by national quality standards developed by the Health Information and Quality Authority (Hiqa), and meet minimum requirements set out under Ministerial regulations.
This will act to safeguard service users, raise the quality and consistency of care nationally.
He also said anyone operating a service to fewer than four people are excluded from the regulations.
This is due to objective to be proportionate and not over-burden a service that might be operating in a rural area, he added.
Deputy Marie Sherlock asked about data collection and exchange of information between Hiqa, the Health and Safety Authority and the Workers Relations around workers’ rights.
She said that “it is not right that issues workers rights just with Hiqa”.
In response Mr O Donnell said within a section of the Bill there is provision for sharing of information.
Responding to committee chairman Padraig Rice he said that children’s home care packages will be included in the regulation,
Intensive home care packages which are nurse-led will not be included.
Referring to the powers of inspection of the home of someone receiving the service he said it would have to be with their consent.
There is also provision for Hiqa to seek a district court order if it deems it necessary.
It is expected to take a considerable time after the legislation is passed to draw up regulations and give the providers time to meet the standards as well as allow Hiqa to set up its inspection regime.
