Áine Brady (Kildare North, Fianna Fail)

I move amendment No. 16:

In page 14, to delete lines 14 to 26 and substitute the following:

"(13) In this section "specified person" has the same meaning as it has in section 47.".

Taken collectively, amendments Nos. 16 and 114 streamline the Bill's provision in respect of non-court appointed representatives. Their aim is to ensure a clear and coherent approach on the issue of non-court appointed representatives by providing for such representatives comprehensively in a single section of the Bill, rather than being spread over two sections. The amendments make it clear that a representative should only be able to act on behalf of the applicant if the latter lacks capacity. This is important as the specified person is explicitly empowered to apply for State support and to review and appeal decisions. However, it should be noted that section 7 still allows a specified person to request a care needs assessment on behalf of a person where that person is unable to so do because of ill health, a physical disability or a mental condition, that is, it is not simply restricted to cases of diminished capacity.

The list of specified persons has been amended in two key respects. Importantly, it now stipulates that those with formal authority to act on behalf of a person of diminished capacity, such as for example the committee of a ward of court or a person appointed under the enduring power of attorney, are recognised ahead of those without such formal authority. In addition, following observations by stakeholders, the final category has been expanded to include registered nurses and registered social workers. Previously, this category had been limited to medical practitioners. Finally, the amendment also provides additional protection for the applicant by empowering the HSE to refuse to deal with a person if it has concerns that the person either does not qualify as a specified person or is not acting in the interests of the applicant. I ask Members to support these amendments.

Amendment No. 20 seeks to clarify that a specified person may apply for State support on behalf of an applicant. The amendment is not necessary as section 47 already provides that a specified person may act on behalf of the applicant in respect of this matter. For this reason, I do not accept amendment No. 20.

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