Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)

What the Minister of State said is all well and good. If he took on board the point I made and changed the word "spouse" to "partner", there might be some logic to what he said. I understand there might be problems in regard to carers in paid employment who would not necessarily have any long-term tie with the person for whom they care.

The last point the Minister of State made was that the majority of people with disability would be capable of making the case that somebody should legally represent them. What happens if somebody in a long-term relationship is in a car crash which leaves him or her severely disabled and unable to communicate? Who would act as his or her legal guardian? He or she would not be able to say his or her long-term partner should make decisions for him or her. I was trying to cover such a situation in the amendment. Perhaps it might be achieved by changing the word "spouse" to "partner" in recognition of the fact that there are gay, lesbian and other couples as well as married couples who are in long-term cohabiting relationships. There are moves to give greater recognition to such relationships and this would be a step in that direction.

Elderly people who have become disabled over time are often looked after by carers who make decisions for them, bring them their meals and ensure household bills are paid. These carers take over a role which in other relationships would be that of the wife, husband, mother, father or whatever. They do not have a legal standing under this legislation. The Minister of State is correct that they can apply to become the legal representative of the person for whom they care, but would it not be easier to accept the amendment?

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