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The important point is that we do not clutter up small homes with a tremendous amount of legislation. That would be wrong. The small homes should be of the right standard and they should be subjected to some tests. However, the full rigour of the law would mean only that small groups of people helping others out would feel that they were under a weight of legislation.

I was asked why it had taken so long for the legislation to come through from 1985. One reason, as I mentioned earlier, is that legislation already exists to regulate the registration and inspection of residential care homes in Northern Ireland and there is separate legislation to regulate the registration and inspection of nursing homes.

Until the early 1980s, there was no significant increase in establishments. We have referred to the new establishments which have been created. The House may not know that between 1982 and 1987, the number of places in nursing homes rose from 347 to 1,564--an increase of 350 per cent. Consultation began at that stage.

I do not deny that there have been unavoidable pressures and priorities within the Department, such as the major review of community care policy, and the need to consider and to provide at short notice for the legislative provisions required to implement the Government's other policy objectives on community care in Northern Ireland. However, the delay enabled us to gain valuable experience from the Registered Homes Act 1984, so it has helped us in providing for vulnerable people in a community setting.

The hon. Member for Upper Bann (Mr. Trimble) asked why the Registered Homes (Amendment) Act 1991, which refers to the registration of small homes, was not made directly applicable to Northern Ireland. That is a fair question. The answer is that it would not have been possible. The 1991 Act amended the 1984 Act, which does not apply to Northern Ireland. The existing Northern Ireland legislation already required small homes to be registered. The order re-enacts the existing Northern Ireland provision and states specifically what will be required of small homes as opposed to larger homes.

The hon. Member for Upper Bann also pointed out that mental nursing homes are a separate category in the 1984 Act and he wanted to know why there was no mention of such homes in the order. In providing for the registration of mental nursing homes as a separate category of nursing home, the Registered Homes Act 1984 seeks to make special provision in the case of cancellation of registration or the death of the registered person for patients in the home detained under the Mental Health Act 1983.

Replication of such a provision in Northern Ireland legislation is not required because a mentally disordered person can be compulsorily detained under the Mental Health (Northern Ireland) Order 1986 only in a statutory hospital or institution--in practice, a psychiatric or mental handicap hospital or unit--or in a private hospital as defined in article 90 of part 7 of the 1986 order. There are currently no such private hospitals in Northern Ireland. Therefore, article 90 has not been brought into effect.

It is not thought necessary to define a special category of mental nursing home because in Northern Ireland people with a mental illness or mental handicap may be admitted to nursing homes, but only on a voluntary basis. The registration and inspection powers accorded to boards

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by this order in respect of nursing homes will enable the boards to safeguard the welfare of all patients of nursing homes whatever may be their individual health status or care needs.

The hon. Member for Upper Bann and the hon. Member for North Down referred to justices of the peace. The hon. Member for Antrim, North believed that there was sloppy drafting of the term "justice of the peace". I pay tribute to the noble people who take up the responsibilities of justices of the peace in Northern Ireland. The 1984 Act in respect of England and Wales refers to justices of the peace. We followed the term in the drafting of the order because the Northern Ireland courts service had to examine the issue. Once the issue had been examined, the service felt that it should be approved because of the need for urgent cancellation of a licence. As the hon. Member for North Down said, if an unsuitable person is running a home, that person should be put out of business as soon as possible.

The hon. Member for Antrim, North asked me to define "widespread" in terms of consultation. Clearly, that is a matter of opinion. The hon. Gentleman also referred to the home at Broughshane. Perhaps the hon. Gentleman will write to me or to my noble Friend Lord Arran. The hon. Gentleman said that my noble Friend is aware of the case, but I assure him that I shall ask for the matter to be investigated again. That applies also to the serious case involving the death to which he referred.

Rev. Ian Paisley : I have already contacted Lord Arran.

Mr. Hanley : The Department has assured me that it is not aware of that. If it is meant to be aware of it, we shall certainly look into it again.

Rev. Ian Paisley : The Minister's colleague has replied to me. I have a letter on my desk saying that he had received my message and that he had taken care of it. He was indignant that the board had done in Broughshane what it should not have done.

Mr. Hanley : I am grateful for that information. Neither I nor the officials advising me today were aware of that and I apologise for that. However, if my noble Friend Lord Arran knows about the matter, I am sure that he is dealing with it properly.

There are four or five other points to which I could refer. However, I hope that the House will have heard enough about the order to give it the same treatment as was given to the main legislation--that is, to allow it to go through without a Division. I am grateful to the hon. Member for North Down for his comments. If the order is lost, however, it will not be just for a month, as some hon. Members have stated. We shall have to republish a proposal, reconsult and queue again for parliamentary time--and the very people to whom the hon. Gentleman referred will suffer. We would not be waiting for the Danes before enacting the legislation--it might take a lot longer than that.

Hon. Members will agree that I have listened carefully to the points that have been made and I hope that I have dealt with the vast majority of them. I remain convinced that the provisions in the draft order will make a significant contribution to safeguarding the welfare of people in Northern Ireland who require care in private voluntary sector residential care homes and nursing homes. I commend the order to the House.

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Question put :--

The House divided : Ayes 187, Noes 147.

Division No. 85] [10 pm

AYES

Adley, Robert

Alexander, Richard

Amess, David

Ancram, Michael

Arbuthnot, James

Arnold, Jacques (Gravesham)

Arnold, Sir Thomas (Hazel Grv)

Ashby, David

Atkinson, David (Bour'mouth E)

Atkinson, Peter (Hexham)

Baker, Nicholas (Dorset North)

Banks, Matthew (Southport)

Banks, Robert (Harrogate)

Bates, Michael

Bendall, Vivian

Beresford, Sir Paul

Bonsor, Sir Nicholas

Booth, Hartley

Boswell, Tim

Bottomley, Rt Hon Virginia

Bowden, Andrew

Bowis, John

Brandreth, Gyles

Brazier, Julian

Bright, Graham

Brown, M. (Brigg & Cl'thorpes)

Browning, Mrs. Angela

Bruce, Ian (S Dorset)

Burns, Simon

Burt, Alistair

Butler, Peter

Butterfill, John

Carlisle, John (Luton North)

Carlisle, Kenneth (Lincoln)

Carrington, Matthew

Carttiss, Michael

Cash, William

Chaplin, Mrs Judith

Chapman, Sydney

Churchill, Mr

Clappison, James

Clifton-Brown, Geoffrey

Colvin, Michael

Congdon, David

Coombs, Simon (Swindon)

Cope, Rt Hon Sir John

Couchman, James

Currie, Mrs Edwina (S D'by'ire)

Davis, David (Boothferry)

Day, Stephen

Deva, Nirj Joseph

Dicks, Terry

Douglas-Hamilton, Lord James

Dover, Den

Duncan, Alan

Elletson, Harold

Emery, Sir Peter

Evans, Jonathan (Brecon)

Evans, Nigel (Ribble Valley)

Evans, Roger (Monmouth)

Evennett, David

Faber, David

Fabricant, Michael

Fairbairn, Sir Nicholas

Fenner, Dame Peggy

Fishburn, Dudley

Forsyth, Michael (Stirling)

Forth, Eric

Fox, Sir Marcus (Shipley)

Freeman, Roger

French, Douglas

Gallie, Phil

Gardiner, Sir George

Garel-Jones, Rt Hon Tristan

Gill, Christopher

Gillan, Cheryl

Greenway, Harry (Ealing N)

Greenway, John (Ryedale)

Griffiths, Peter (Portsmouth, N)

Hague, William

Hamilton, Rt Hon Archie (Epsom)

Hamilton, Neil (Tatton)

Hampson, Dr Keith

Hanley, Jeremy

Hargreaves, Andrew

Haselhurst, Alan

Hawkins, Nick

Hawksley, Warren

Heald, Oliver

Heathcoat-Amory, David

Hendry, Charles

Hill, James (Southampton Test)

Horam, John

Howard, Rt Hon Michael

Howarth, Alan (Strat'rd-on-A)

Hughes Robert G. (Harrow W)

Hunt, Rt Hon David (Wirral W)

Hunt, Sir John (Ravensbourne)

Hunter, Andrew

Jack, Michael

Jenkin, Bernard

Jessel, Toby

Jones, Gwilym (Cardiff N)

Jones, Robert B. (W Hertfdshr)

Kilfedder, Sir James

King, Rt Hon Tom

Knapman, Roger

Knight, Mrs Angela (Erewash)

Knight, Greg (Derby N)

Knight, Dame Jill (Bir'm E'st'n)

Knox, David

Kynoch, George (Kincardine)

Lait, Mrs Jacqui

Legg, Barry

Leigh, Edward

Lidington, David

Lightbown, David

Lloyd, Peter (Fareham)

Lord, Michael

Luff, Peter

McLoughlin, Patrick

McNair-Wilson, Sir Patrick

Malone, Gerald

Mans, Keith

Marlow, Tony

Marshall, Sir Michael (Arundel)

Martin, David (Portsmouth S)

Mayhew, Rt Hon Sir Patrick

Merchant, Piers

Mitchell, Andrew (Gedling)

Moss, Malcolm

Neubert, Sir Michael

Oppenheim, Phillip

Page, Richard

Paice, James

Patnick, Irvine

Pattie, Rt Hon Sir Geoffrey

Peacock, Mrs Elizabeth

Porter, David (Waveney)

Powell, William (Corby)

Redwood, John

Richards, Rod

Riddick, Graham

Robertson, Raymond (Ab'd'n S)

Robinson, Mark (Somerton)

Rowe, Andrew (Mid Kent)

Ryder, Rt Hon Richard

Sackville, Tom

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