PART 9

Inspections and Investigations

Appointment by the Authority of authorised persons.

70 .— (1) The Authority shall appoint, with the approval of the Minister given with the consent of the Minister for Finance, one or more persons with appropriate qualifications and experience for the purposes of—

(a) monitoring compliance with standards in accordance with section 8 (1)(c), or

(b) an investigation referred to in section 8 (1)(d) undertaken by the Authority,

and a person so appointed shall be known as an authorised person.

(2) At the request of an authorised person, the Authority may appoint such other number of persons that the Authority may determine, to assist that authorised person in the performance of the authorised person’s functions and the persons appointed shall be authorised persons for the purposes of—

(a) monitoring compliance with standards in accordance with section 8 (1)(c), or

(b) an investigation referred to in section 8 (1)(d).

(3) An authorised person shall be paid the remuneration and allowances for expenses that the Authority may determine with the approval of the Minister given with the consent of the Minister for Finance.

(4) Each authorised person shall be given a certificate of his or her appointment and, when exercising any power conferred on the Authority, shall produce, on request by any person affected, the certificate or a copy of the certificate, together with a form of personal identification.

Appointment by Executive of persons to examine designated centres.

71 .— (1) For the purpose of assessing compliance with the terms and conditions, regulations and standards and other statutory obligations referred to in subsection (2), the Executive may appoint persons to examine any premises of a service provider in which the business of a designated centre is being carried on.

(2) The following are the terms and conditions, regulations and standards and other statutory obligations for the purposes of subsection (1):

(a) the terms and conditions applicable in respect of any—

(i) arrangement under section 38 of the Health Act 2004 ,

(ii) assistance given in accordance with section 39 of the Health Act 2004 , and

(iii) assistance given in accordance with section 10 of the Child Care Act 1991 ;

(b) any regulations and any standards made in respect of the category of designated centres to which the designated centre referred to in subsection >(1) belongs; and

(c) any other statutory obligations in relation to that designated centre.

(3) A person appointed under subsection (1) may—

(a) enter any designated centre maintained by a service provider and examine, as he or she thinks fit, the state and management of the premises and the care or treatment of residents of the centre, and

(b) examine any records in relation to the centre and interview—

(i) any employee of the centre, or

(ii) any resident of the centre with the resident’s consent.

(4) The person in charge of a designated centre, whether that person is the registered provider or another person, shall—

(a) allow a person appointed under subsection (1) to enter the designated centre for the purpose of any examination under subsection (2), and

(b) co-operate with that person throughout the course of the examination.

Appointment of qualified persons to assist chief inspector and inspectors in an inspection.

72 .— (1) At the request of the chief inspector, the Authority may appoint, with the approval of the Minister, one or more persons, with expertise relevant to an inspection referred to in section 41 , to—

(a) accompany the chief inspector or inspector during the inspection, and

(b) assist and advise the chief inspector or an inspector on matters related to the purpose of the inspection that are within the expertise of the person or persons so appointed.

(2) A person appointed under this section shall be paid the remuneration and allowances for expenses that the Authority may determine with the approval of the Minister given with the consent of the Minister for Finance.

Right of entry and inspection by authorised person or chief inspector.

73 .— (1) If an authorised person considers it necessary or expedient for the purposes of—

(a) monitoring compliance with standards in accordance with section 8 (1)(c), or

(b) an investigation referred to in section 8 (1)(d),

the authorised person may enter and inspect at any time any premises—

(i) owned or controlled by the Executive or a service provider, or

(ii) used or proposed to be used, for any purpose connected with the provision of services described in section 8 (1)(b).

(2) If the chief inspector considers it necessary or expedient for the purposes of an inspection referred to in section 41 , the chief inspector may enter and inspect at any time any premises—

(a) owned or controlled by the Executive,

(b) used, or proposed to be used, for any purpose connected with the provision of a service under sections 39 to 42 and 53 of the Child Care Act 1991 or section 10 of the Health (Nursing Homes) Act 1990 by the Executive or a service provider, or

(c) used or proposed to be used as a designated centre or special care unit.

(3) If an authorised person considers it necessary or expedient for the purposes of monitoring compliance with standards in accordance with section 8 (1)(c), or of an investigation referred to in section 8 (1)(d), or the chief inspector considers it necessary or expedient for the purposes of an inspection referred to in section 41 —

(a) the authorised person, at any time, may carry out the functions conferred on the authorised person under this section and sections 75 and 76 to the extent that the functions relate to any premises referred to in subsection (1), and

(b) the chief inspector, at any time, may carry out the functions conferred on the chief inspector under this section and sections 75 and 76 to the extent that the functions relate to any premises referred to in subsection (2).

(4) An authorised person, in respect of premises referred to in subsection (1), or the chief inspector, in respect of premises referred to in subsection (2), may—

(a) inspect, take copies of or extracts from and remove from the premises any documents or records (including personal records) relating to the discharge of its functions by the Executive, or to the services provided by a service provider or at a designated centre or a special care unit,

(b) inspect the operation of any computer and any associated apparatus or material which is or has been in use in connection with the records in question,

(c) inspect any other item and remove it from the premises—

(i) if an authorised person considers it necessary or expedient for the purposes of monitoring compliance with standards in accordance with section 8 (1)(c), or of an investigation referred to in section 8 (1)(d), or

(ii) the chief inspector considers it necessary or expedient for the purposes of an inspection referred to in section 41 ,

(d) interview in private any person—

(i) working at the premises concerned, or

(ii) who at any time was or is in receipt of a service at the premises and who consents to be interviewed,

and

(e) make any other examination into the state and management of the premises or the standard of any services provided at the premises.

(5) At any time, an authorised person, in respect of premises referred to in subsection (1) or the chief inspector, in respect of premises referred to in subsection (2), may require any person who—

(a) is in charge of the premises or of services provided at the premises, or

(b) possesses or is in charge of any records held at the premises or in respect of any services provided at the premises, even if the records are held elsewhere,

to furnish the authorised person or the chief inspector, as the case may be, with the information—

(i) the authorised person reasonably requires for the purposes of monitoring compliance with standards in accordance with section 8 (1)(c), or of an investigation referred to in section 8 (1)(d), or

(ii) the chief inspector reasonably requires for the purposes of an inspection referred to in section 41 ,

and to make available to the authorised person or chief inspector any document or record in the power or control of the person described in paragraph (a) or (b) of this subsection that, in the opinion of the authorised person, is relevant to the monitoring of compliance with the standards or to the investigation or, in the opinion of the chief inspector, is relevant to the inspection.

(6) If a person is required under this section to produce a document or record and that document or record is kept by means of a computer, the authorised person, for premises referred to in subsection (1), or the chief inspector, for premises referred to in subsection (2), may require the person who is required to produce that document or record to produce it in a form which is legible and can be taken away.

(7) If an authorised person, in respect of premises referred to in subsection (1), considers an explanation necessary and expedient for the purposes of—

(a) monitoring compliance with standards in accordance with section 8 (1)(c), or

(b) an investigation referred to in section 8 (1)(d),

the authorised person may require a person who is in charge of the premises or possesses or is in charge of any relevant documents or records to provide an explanation of any—

(i) document or record inspected, copied or provided in accordance with this section,

(ii) other information provided in the course of the investigation, or

(iii) other matters which are the subject of the functions being exercised by the authorised person under this section.

(8) If the chief inspector, in respect of premises referred to in subsection (2), considers an explanation necessary and expedient for the purposes of conducting an inspection under this section, the chief inspector may require a person who is in charge of the premises or a person who possesses or is in charge of any documents or records which are the subject of the inspection to provide an explanation of any—

(a) documents or records inspected, copied or provided in accordance with this section,

(b) other information provided in the course of the inspection, or

(c) other matters which are the subject of the functions being exercised by the chief inspector under this section.

Requirement for occupier’s consent or District Court warrant to enter dwelling.

74 .— (1) In this section “dwelling” includes any part of a designated centre occupied as a private residence by the registered provider of the designated centre or by a member of the staff of the registered provider.

(2) Notwithstanding section 73 , an authorised person or the chief inspector, in the performance of functions under that section, may not enter a dwelling other than—

(a) with the consent of the occupier, or

(b) in accordance with a warrant from the District Court issued under section 75 (2) authorising the entry.

Further circumstances in which District Court may issue warrant.

75 .— (1) Where—

(a) in relation to any premises referred to in section 73 (1), an authorised person monitoring compliance with the standards in accordance with section 8 (1)(c) or conducting an investigation referred to in section 8 (1)(d), or

(b) in relation to any premises referred to in section 73 (2), the chief inspector conducting an inspection referred to in section 41 ,

is prevented or has reasonable cause to believe there is a likelihood that he or she will be prevented from entering the premises, an application may be made to the District Court for a warrant under subsection (2) authorising the entry.

(2) If a judge of the District Court is satisfied on the sworn information of an authorised person or the chief inspector that there are reasonable grounds for believing—

(a) that there are any records (including records stored in a non-legible form) relating to a service or to a registered provider, designated centre or special care unit, or that there is anything being used at the premises referred to in section 73 (1) or (2), which—

(i) the authorised person considers it necessary to inspect for the purposes of monitoring compliance with standards in accordance with section 8 (1)(c) or an investigation referred to in section 8 (1)(d), or

(ii) the chief inspector considers it necessary to inspect for the purposes of an inspection referred to in section 41 ,

or

(b) that there is, or such an inspection is likely to disclose, evidence of a contravention of this Act or the regulations or, in the case of an inspection referred to in paragraph (a)(ii), a contravention of—

(i) this Act or the regulations,

(ii) the provisions, specified in section 41 (a), of this Act, of the other Acts referred to in section 41 (a), or

(iii) the regulations or standards referred to in section 41 (c) or (d),

the judge may issue a warrant permitting the authorised person or the chief inspector or an inspector, accompanied by other persons with appropriate qualifications, or by members of the Garda Síochána as may be necessary, at any time or times, within one month after the date of issue of the warrant, on production of the warrant if requested, to enter the premises, if need be by reasonable force, and to perform the functions conferred by or under section 73 .

Authorised person or chief inspector may be accompanied by Garda.

76 .— If an authorised person or the chief inspector—

(a) has reasonable cause to expect any serious obstruction in the performance of functions under this Act, and

(b) is in possession of a warrant under section 75 (2),

the authorised person or chief inspector, when performing those functions, may be accompanied by a member of the Garda Síochána.

Prohibition against certain conduct in relation to inspections under section 73 .

77 .— A person shall not—

(a) refuse to allow a person who under section 73 is monitoring compliance with standards, or conducting an investigation or inspection—

(i) to enter any premises other than a dwelling in accordance with that section or in accordance with a warrant issued by the District Court, or

(ii) to enter any dwelling in accordance with that section under and in accordance with a warrant issued by the District Court,

or

(b) obstruct or impede a person conducting an investigation or inspection under section 73 in the exercise of functions under that section, or

(c) give to a person conducting an investigation or inspection under section 73 information that the person giving the information knows, or should reasonably know, to be false or misleading.

Reports of authorised persons, the chief inspector and inspectors.

78 .— The Authority, an authorised person, the chief inspector, an inspector or a person appointed under section 72 is not liable in damages arising from any—

(a) report or other document prepared, or

(b) communication made,

in good faith, for the purposes of, or in connection with, the performance of the functions—

(i) under section 70 of an authorised person appointed under that section,

(ii) under section 41 of the chief inspector, or

(iii) performed under section 43 by an inspector appointed under that section.