Frank Fahey (Galway West, Fianna Fail)

The categories of persons identified in subsection (2) are readily identifiable and would generally be regarded as having a legal standing. To include a carer or family carer who is not also a relative, guardian, legal representative or personal advocate could be problematic. It would not be clear to the HSE what responsibilities such a person was willing or entitled to take in relation to an assessment or related services. The existing provision covers the circumstances where an applicant would require a representative.

Furthermore, any consideration of including other people to act on behalf of the applicant might best be dealt with by regulation under section 21. The point made by Deputy Ó Snodaigh can be considered in that context. If a person wished to have his or her carer nominated as his or her personal advocate, it would be covered by the Bill.

See this speech in context