Paudge Connolly (Cavan-Monaghan, Independent)
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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.

Tim O'Malley (Limerick East, Progressive Democrats)
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On behalf of the Minister for Justice, Equality and Law Reform, who cannot be in the House tonight, and for the benefit of the House in general I am pleased to respond to the matter raised by Deputy Connolly. We have come a considerable distance in implementing the agenda of mainstreaming and equality for people with disabilities, and the legislative framework in respect of people with disabilities has advanced significantly during the tenure of this Government.

The Employment Equality and Equal Status Acts were instrumental in protecting people with disabilities against discrimination. From there, the Government moved to positive action measures to enhance the participation of disabled people in society by introducing the national disability strategy in 2004. This is focused on the implementation of a strong new legislative framework of requirements of public bodies to enhance services for people with disabilities as provided under the Disability Act 2005. A multi-annual investment programme of €900 million in the period up to 2009 in the health services area forms part of the strategy. The strategy also comprehends the Comhairle (Amendment) Bill, which provides a new legislative basis for the provision of advocacy services for people with disabilities. While much of the reform I have mentioned relates to the public sector and the services it provides, in many of our day-to-day transactions the service to people with disabilities is improving, with a greater focus now on services for those with different needs. There is much still to do in this area but progress has been made.

In dealing with the important issues raised by the Deputy in this motion, I also speak about the role of the Irish Financial Services Regulatory Authority. The Financial Regulator was established on 1 May 2003 and is responsible for the regulation of all financial services firms in Ireland, including banks. The Financial Regulator has an important role in the protection of consumers as it is a distinct component of the Central Bank and Financial Services Authority of Ireland with clearly defined regulatory responsibilities.

In the area of consumer protection, the main tasks of the Financial Regulator are to help consumers to make informed decisions on their financial affairs in a safe and fair market and to foster sound, growing and solvent financial institutions that give consumers confidence that their deposits and investments are secure. In providing consumer protection, the focus of the Financial Regulator is on problem prevention through providing consumer information and education about the costs, risks and benefits of financial products, monitoring competition in the market for financial services and working with the Competition Authority. The Financial Regulator also promotes the interests of consumers of financial products and imposes and enforces rules on financial services firms regarding how they deal with consumers, particularly how they sell financial products.

The Financial Regulator has been examining issues around access to financial services and one of the main issues highlighted by consumers is the difficulty in opening bank accounts. As part of its consumer education mandate, the Financial Regulator has taken a number of specific initiatives to inform consumers about the costs, risks and benefits of various financial products. These have involved publishing consumer guides and cost surveys on financial products and fact sheets, including a fact sheet entitled How to Open a Bank or Building Society Account, all of which assist consumers in making financial decisions that are in their own best interests.

Further, the Health (Repayment Scheme) Bill 2006 will regulate patient private property accounts by introducing a statutory framework to protect patients' interests, particularly in the context of large repayments that may be placed in these accounts. The Deputy may be aware that this Bill is on Second Stage in the Dáil. It is intended to make the application process as simple and as user friendly as possible while providing appropriate safeguards against fraud and preventing the exploitation of those not in a position to manage the repayments they will receive. The legislation will provide for the regulation and administration of patient private property accounts to ensure the money in these accounts is used for the benefit of the patient and that money held in these accounts can be invested on behalf of the patient.

The Minister for Health and Children may also appoint an independent overseer for the administration of these accounts and receive reports on, among other things, the operation of the scheme and the appeals process. These reports shall be laid before each House of the Oireachtas. The legislation also provides that all accounts and funds related to the scheme may be audited by the Comptroller and Auditor General.

Finally, in the wider context of legal capacity in general, I can inform the Deputy that as part of its current programme of work, the Law Reform Commission has been engaged in important research on the matter. In May 2005, the Law Reform Commission published a consultation paper entitled Vulnerable Adults and the Law: Capacity, and convened a well-attended conference in December 2005. In its consultation paper the Law Reform Commission examines capacity in context, approaches to legal capacity, legislative reform, existing legal mechanisms to address loss of capacity, capacity to contract, personal relationships and capacity to make health care decisions.

I understand that two central elements will form the basis of the Law Reform Commission's final report. The first is the question of how the law should approach the concept of capacity to make decisions. The second considers what structures are needed to support vulnerable persons when they come to make these decisions. The final report, which will contain recommendations and draft legislation, is expected to be published later this year. The report will receive early attention by my Department and by other relevant Departments.