Mr. Liam Herrick:

We can be brief. That very much mirrors the question just raised by Deputy Quaide. We are very clear that assessment of need is a fundamental right that is an essential element of the process. If there are waiting lists due to historic lack of investment that does not excuse a dilution of the right. My colleague, Dr. Elliott, has talked in some detail about how there may be a case for improvement and enhancement of process around assessment of need to bring it in line with current best practice and improvement of the process as part of an increased investment in the process. This is a matter where we have been in the courts where we have been an amicus curiae in court proceedings about assessment of need. It is a matter that has gone to the Court of Appeal on the question of whether a diagnosis needs to be part of the assessment of need. We are very clear that there can be no dilution or diminution of that right.

With regard to the matters identified in the Senator’s Bill, they are also questions that are addressed in our report. The objectives of the Bill are ones that we share. If the Bill advances, we have a number of statutory functions to advise the Government and the Oireachtas on legislation and their compliance with human rights standards, so if the Bill advances that may be something we may be able to engage with.