James Reilly (Dublin North, Fine Gael)

I support Deputy Jan O'Sullivan in respect of this matter. I am of the view that amendment No. 10 should be accepted. A person's medical circumstances could change dramatically but, under the legislation, the review will not take place for six months. The period is far too long and it must either be shortened or a provision put in place to take account of a change in a person's medical circumstances.

I wish to raise my serious objections to the manner in which this extremely important legislation is being dealt with. We have not yet managed to dispose of even one sixth of the amendments. In addition, the Minister for Health and Children is not present to take the debate. I accept that she may have business elsewhere. However, the reality is that if a guillotine were not being applied, she should have dealt with some of the more salient matters relating to the legislation.

The final two amendments tabled in respect of the Bill relate to the rights of people with regard to the capping of other assets and qualifying criteria. We will not have the opportunity to discuss this matter, which is a key part of the legislation. Amendment No. 125 in the Minister's name states:

"7. Subject to paragraphs 8 and 9, the interest of a person in a farm or relevant business shall not be or shall cease to be a relevant asset where the person concerned is receiving or has received---

(a) care services,

(b) transitional care services within the meaning of section 13,

(c) services in a nursing home which services would, if they had been provided after the coming into operation of the definition of "approved nursing home" have come within the meaning of the definition of "long-term residential care services", or

(d) any combination of the services referred to in subparagraphs (a) to (c), for a period of 3 years (which period need not be continuous).

However, it also states that paragraph 7 shall not apply unless "the person receiving care services has suffered a sudden illness". This will give rise to a fiasco whereby medical professionals and others will be obliged to determine what constitutes a sudden illness. Will doctors be placed under pressure to say that people have suffered a sudden deterioration in their conditions or will the provision only apply in respect of those who suffer strokes? This will prove to be unworkable.

Under the new paragraph 8, as set down in amendment No. 125, paragraph 7 shall further not apply unless:

(b) a substantial part of the working day of the person requiring care services or his or her partner was regularly and consistently applied to the farming of the farm or carrying on of the relevant business ...

This will automatically exclude anyone who gradually becomes infirm, that is, the vast majority of the population.

The final part of the new paragraph 8 is the most laughable of all - the Ceann Comhairle, as a Kerryman, will appreciate this - because it stipulates that paragraph 7 shall not apply unless:

(c) a family successor certifies in writing that he or she will on a consistent and regular basis apply a substantial part of his or her working day to the farming of the farm or carrying on of the relevant business.

This will return us to feudal times. The Minister wants to enter people into bondage on the land. They must sign up to state that they will remain on and work the land regardless of whatever changes may occur with regard to their financial, personal or other circumstances. They will be tied to the land and a period in respect of which this provision shall apply is not defined. That is outrageous.

The Ceann Comhairle has been extremely kind in allowing me to discuss this amendment, which we have not yet reached. I strenuously object to the manner in which this debate is being conducted, to the way it is being guillotined and to the fact that some of the core issues relating to the Bill have been left until last. On that note, I wish to call a quorum.

Notice taken that 20 Members were not present; House counted and 20 Members being present,

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