Frank Fahey (Galway West, Fianna Fail)

It is not anticipated that extra manpower will be required within the Health Service Executive for the administrative work. That will be done by those already involved in that activity but obviously there will be different roles so there should not be a problem in that respect.

Amendment No. 64 seeks to compel employees of the Health Service Executive to apply for an assessment of a person who appears to have a disability. Section 9(4) allows officers of the Health Service Executive to seek an assessment on behalf of a person. This provision would cover a small number of cases where people did not have a relative or guardian to act for them and were not able to act for themselves. It is appropriate that the Health Service Executive is given the discretion to consider an individual's circumstances in each case. Perhaps the Deputy would explain further what she wants in addition because I did not quite understand the point she was making.

Amendment No. 116 relates to the content of a report from a complaints officer. This would allow for an assessment to be found inadequate. However intended, the meaning of "inadequate" in the context of the Bill is not clear. The text of the Bill as published ensures that the adequacy of assessments are safeguarded by section 10 which allows for the preparation of standards to govern assessments and by the existing grounds for complaint in regard to non-conformity with such standards. This is a more suitable way to ensure assessments are adequate given the broad range of considerations that go to make up good assessment.

Amendment No. 117 would specify that a time frame for carrying out a further assessment, following a successful complaint that the assessment was not carried out in accordance with standards. In the light of what Deputy McGrath has said I am prepared to review this matter and, most likely, will bring forward an amendment in the Seanad.

Amendment No. 118 seeks to require the complaints officer to make a judgment about the adequacy of the service statement. The position is that section 15(8)(e) allows the complaints officer to rule on whether the service statement is incorrect or inaccurate based on the criteria set down in section 11(7) which relates to eligibility, practicability, available resources and other matters. These are the factors that may give rise to a discrepancy between the service statement and the independently assessed needs. Therefore, I do not propose to accept amendments Nos. 64, 116 or 118.

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