Kathleen Lynch (Cork North Central, Labour)

I move amendment No. 61:

In page 13, line 2, after "person")" to insert "has or".

This section deals with an application for assessment. It is just as well the House has been dealing with this Bill for a long time. Someone reading it for the first time would be completely confused. Certain sections of it do not gel. For example, section 9(1)(a) says:

Where—

(a) a person ("the person") is of opinion that he or she may have a disability, or.

My amendment inserts the words "has or" so that the wording says that a person has or is of the opinion that he or she has a disability. I do not believe having a disability is a matter of opinion. One either has a disability or one does not. I do not know anyone with a disability who would either like to have one or is of the opinion that they have one. I do not know where that language comes from. It is just like the language in the phrase "shall attend before the assessment officer for interview". I cannot understand it. It is to form an opinion whether one has a disability. Surely this cannot be right. Clearly, for the majority of people in that category the issue is not one of opinion but of fact.

Previously we discussed the "trust me" element, so to speak, of this legislation. Either one is covered by the legislation or one is not. Legislation is about absolutes. Sometimes we get the absolutes wrong and we have to revisit them, but it should not be a matter of opinion, and that is what the amendment is about.

Amendment No. 62 relates to section 9(1)(b) which states "a specified person ("the person") is of that opinion in relation to another person and the person considers that by reason of the nature of that other person's disability or age he or she or is likely to be unable to form such an opinion". I know what that means but this is about the language used. The amendment proposes to delete the words "form such an opinion" and substitute the phrase "make application under this section". The subsection would still have the same effect but there would be a better use of language. We are supposed to be drafting legislation that is understandable to everyone who might read it. Surely it makes sense for the Minister of State to accept these amendments. They will not impose a charge on the Exchequer or give rise to offence. Some of the language in the Bill is quite offensive.

See this speech in context