Paudge Connolly (Cavan-Monaghan, Independent)

I thank the Ceann Comhairle for selecting this item for debate. The issue of banking difficulties for people with intellectual disabilities was brought to me by a senior social worker who is very concerned about recent new practices in banking circles. He indicated that there were no difficulties with current customers who had intellectual disabilities. The arrangements they have will be maintained.

With regard to opening a new bank account, these people require a certain level of assistance, which varies at times. This relates in the past two years, in particular, to people with intellectual disabilities who try to open an account, transfer an account between banks or try to establish third party mandates. Some banks have made it especially difficult for people with a disability to open, operate or maintain a bank account.

Difficulties exist with regard to third party mandates, which are necessary in some cases. In the case of people with disabilities, it is understandable that they would need a third party mandate. Some banks have equated people with intellectual disabilities to persons of unsound mind. That terminology belonged in mental health legislation, and people with intellectual disabilities do not come under that heading. I have that terminology in a letter from a bank. It is a sad reflection if banks typecast people in this way. The issue needs to be addressed.

Some banks also believe that people with intellectual disability are incapable of conducting their own affairs, and therefore third party mandates are not appropriate. They contend that these people do not have the intellectual capacity to sign mandates or the capability to give informed consent. Regrettably, I have an instance of this being brought to my attention in letter form. The banks write to clients in this regard.

It is a reasonable expectation to have and operate a bank account. It is a basic right. The banks and the Health Service Executive should meet to reassess the issue and form some type of policy which would be beneficial to the person with an intellectual disability. Such policy should be practical and operational, giving dignity back to the person with an intellectual disability.

This matter needs to be urgently addressed. It is all the more urgent given that the nursing home moneys are now coming on stream. The same type of issues will have to be addressed in that case. Will the lofty ideals of the banks continue when such large volumes of cash will be determined? One would think at times that the banks possibly do not want the hassle of looking after a small account which bankers may feel is not appropriate to certain circles. The issue of informed consent will present difficulties. The people involved may not have the same level of caring people to look after them. People may come out of the woodwork to get their hands on the nursing home moneys. We must address the issue now as the time is appropriate.

The stance of the banks is at odds with the approach of the Health Service Executive which promotes a rights-based social model of care focused on independent living. It raises equality issues and a possible violation of the right to equal citizenship for people with an intellectual disability. Recently we passed legislation which was supposed to help safeguard people with intellectual disabilities. It is not progressing a cause in this instance. We should return to it to see how it affects people at operational level.

Banks probably have their own policies and reasons, perhaps relating to cash laundering, but at local level the people caring for individuals with an intellectual disability should have some authority. It is part of the educational process and integrating these people back into society. It relates to keeping these people in society. That is what these issues are about. The operation of a bank account and education are real life issues which we should advocate to people. Large financial institutions should not put impediments in place.

The banks should formulate a clear policy. It is almost like they are indicating that they do not want the hassle of a small account. Much paperwork and obstacles are put in place. These people with intellectual disabilities have the same right as anybody else to have and operate a bank account. I ask that the Health Service Executive and the financial institutions address the matter together.

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