Mary Seery Kearney (Fine Gael) | Oireachtas source

I apologise as I am between two committees. That bilocation element means I may ask something that has already been answered but I am trying to avoid that.

The witnesses have spoken extensively on the ward of court and how that will work. I thank them. I am not clear whether families will have to apply to be the committee or insert themselves into decision-making on behalf of an existing ward of court. Will there be a pathway of transition out of that?

My next question relates to next of kin. I hear the witnesses and I think we need to do an information programme to explain to people that next of kin has absolutely no standing. I have had a number of cases in recent years where people do not understand that and cannot understand how they are excluded from information. We had a "Prime Time" documentary some years ago about a husband excluded from the care of his wife in a care home, where she needed constant care and he was excluded because, he alleged, he started making complaints in that context. It has a silencing effect on families at the moment. The way around that in current law would be to establish enduring power of attorney so there is somebody who can make decisions. However, that is very expensive. My concern is the system we are putting in place will rely on families having to make an application to court. Has consideration been given to ensuring there will be legal aid provision for that? Is there an easier way to create a pathway to court? Otherwise, those with means will have access to having a say in the care of their loved one while those without means will be left in some sort of wardship arrangement.