Mary Coughlan (Donegal South West, Fianna Fail)

The Government's amendment No. 51a refers to procedures for interviews. Deputy Lynch has withdrawn her amendment, which reflects the language issue to which she adverted. The change in the language of the subsections is so the assessment officer will meet the applicant rather than ask the applicant to attend for interview. People would be happy with that.

Amendment No. 53 proposes a further variation to the text by requiring that the assessment officer would attend before the applicant. It is considered that this proposal is primarily concerned with the location of the meeting and that details of this nature are not really appropriate to legislation. It would not be appropriate, therefore, to accept the amendment.

Having listened with interest to the Deputies raising a number of points relating to the participation and involvement of the applicant in the assessment process, I noted that this is an important topic. We are all obliged to get the balance right. The detailed provisions in section 8(7) and (8) seek to do that and were prepared in light of proposals made in the consultation process and on the advice of the Department of Health and Children.

Amendment No. 49 would require assessment reports to contain a prioritised list of services. The principle in the Bill is that the report would set out all required services and indicate in itself the order for their provision, together with the optimum timescale for their delivery. I do not know if the amendment would improve any arrangements for assessment and service delivery.

Amendment No. 51 would require an assessment officer to carry out an interview in all cases. It is desirable that some discretion regarding procedures remain with the assessment officer so individual circumstances in each case can be considered. I am not disposed to accepting this amendment.

Amendment No. 54 proposes to require the applicant to comply with any reasonable requirement of the assessment officer for information. This amendment is not necessary because, under section 8(8)(a), as it stands, the assessment officer is only empowered to seek information that he or she may reasonably request.

Amendments Nos. 55 and 59 cover procedures for assessment interviews. The amendments would remove a provision designed to cater for the assessment of a small number of individuals. The provision allows the assessment officer discretion in deciding if the applicant should be told the purpose of the assessment interview or about other information related to the assessment. This takes account of circumstances where particular sensitivity may be required, for example, in the case of someone with a severe intellectual disability or the case of a child where potentially disturbing information or a potentially disturbing information prognosis falls to be given. It is inappropriate to state, as Deputy Ó Snodaigh does, that we are removing a right because there are particular circumstances in which certain information would not be in the best interest of the person being assessed. We could remove the discretion to exercise sensitivity but the Deputy will appreciate that it is often very important. The assessment is an individual matter and tying the assessment officer in knots would represent a retrograde step.

Amendment No. 56 would require the assessment officer to form a reasonable opinion of whether the giving of any information to a person with a disability would be prejudicial to the individual's well-being. I am concerned that the interpretation of what is reasonable may vary widely. The Deputy has not provided a definition or otherwise provided a yardstick to measure what is reasonable. By contrast, the provision as it stands is grounded on a verifiable reality of opinion. In the circumstances, I am not disposed to accept the amendment.

On Committee Stage, section 8(8)(c)(i) was amended to require that note be taken of the views of the applicant in the assessment process. Amendment No. 58 envisages an additional requirement that a written note be taken of these views. I am satisfied that the text of the provision as drafted envisages a written record of the views of the applicant on his or her needs and preferences regarding services. Accordingly, I do not propose to accept the amendment.

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