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Nursing Homes Support Scheme Bill 2008: Report Stage (Resumed) and Remaining Stages (26 May 2009)

James Reilly: I support my colleague, Deputy O'Sullivan, in this regard. It is eminently reasonable, if Members will pardon the pun, to insert this word. There has been a sense that attempts have been made in the past by various arms of the State to frustrate people in their rights by creating additional hurdles for them to jump through. Clearly this would be a classic case, particularly as one is...

Nursing Homes Support Scheme Bill 2008: Report Stage (Resumed) and Remaining Stages (26 May 2009)

James Reilly: To follow on from that, for related but not specific information there is a sense in Nursing Homes Ireland that it is being asked to give full disclosure of its accounts in regard to its dealings with the NTPF, which it feels is grossly unfair. If there is failure to agree with the NTPF and a third party arbitrator wants to have a look at its accounts in order to settle the matter, that...

Nursing Homes Support Scheme Bill 2008: Report Stage (Resumed) and Remaining Stages (26 May 2009)

James Reilly: Hear, hear.

Nursing Homes Support Scheme Bill 2008: Report Stage (Resumed) and Remaining Stages (26 May 2009)

James Reilly: With respect, I asked the Minister of State to respond to Deputy O'Sullivan's request that there will be-----

Nursing Homes Support Scheme Bill 2008: Report Stage (Resumed) and Remaining Stages (26 May 2009)

James Reilly: The Minister of State has not said she will or will not. It is a very reasonable request-----

Nursing Homes Support Scheme Bill 2008: Report Stage (Resumed) and Remaining Stages (26 May 2009)

James Reilly: -----that the application form would have all information requested on it and there would be no additional-----

Nursing Homes Support Scheme Bill 2008: Report Stage (Resumed) and Remaining Stages (26 May 2009)

James Reilly: I move amendment No. 25: In page 15, line 44, to delete "a suitable person" and substitute "an independent third party". I will press the amendment as I believe we need independence in this regard. Question, "That the words proposed to be deleted stand", put and declared carried.

Nursing Homes Support Scheme Bill 2008: Report Stage (Resumed) and Remaining Stages (26 May 2009)

James Reilly: I move amendment No. 27: In page 16, line 19, after "may" to insert "authorise a suitable independent third party to". Again, we come back to the principle of independent assessment. Whether it be in health, finances or financial evaluation, there needs to be independence and transparency. We have no way of being assured that people who are appointed and who are, therefore, in some way tied...

Nursing Homes Support Scheme Bill 2008: Report Stage (Resumed) and Remaining Stages (26 May 2009)

James Reilly: The Minister of State has acknowledged my point that the person who is being appointed and paid for by the HSE cannot be construed as being independent. That is what this amounts to. We want an independent assessment and we want people to be protected. We do not want a scenario arising where people are afraid to lose their contracts and, therefore, find favour more with the State than with...

Nursing Homes Support Scheme Bill 2008: Report Stage (Resumed) and Remaining Stages (26 May 2009)

James Reilly: The Government wants the elderly person to pay for his or her house to be valued. It also wants the HSE to have the right to employ someone to value the house on its behalf. What will happen then?

Nursing Homes Support Scheme Bill 2008: Report Stage (Resumed) and Remaining Stages (26 May 2009)

James Reilly: If there is a dispute, what will happen then?

Nursing Homes Support Scheme Bill 2008: Report Stage (Resumed) and Remaining Stages (26 May 2009)

James Reilly: In what way? Will an independent arbitrator be employed?

Nursing Homes Support Scheme Bill 2008: Report Stage (Resumed) and Remaining Stages (26 May 2009)

James Reilly: I am sorry. There is no justice in that.

Nursing Homes Support Scheme Bill 2008: Report Stage (Resumed) and Remaining Stages (26 May 2009)

James Reilly: I think the Minister of State is making it up as she goes along, which is not good. This will be a serious issue. With all due respect, people do not trust the HSE.

Nursing Homes Support Scheme Bill 2008: Report Stage (Resumed) and Remaining Stages (26 May 2009)

James Reilly: I do not accept what has been said.

Nursing Homes Support Scheme Bill 2008: Report Stage (Resumed) and Remaining Stages (26 May 2009)

James Reilly: I move amendment No. 28: In page 16, lines 19 to 21, to delete all words from and including "in" in line 19 down to and including "appropriate" in line 21.

Nursing Homes Support Scheme Bill 2008: Report Stage (Resumed) and Remaining Stages (26 May 2009)

James Reilly: I am not really clear on this.

Nursing Homes Support Scheme Bill 2008: Report Stage (Resumed) and Remaining Stages (26 May 2009)

James Reilly: We need more clarification. With no disrespect to the Minister of State I think she is also a little confused by this. Given that the Bill will pass we should at least do the public the service of understanding what we will vote on.

Nursing Homes Support Scheme Bill 2008: Report Stage (Resumed) and Remaining Stages (26 May 2009)

James Reilly: I accept what the Minister of State is attempting but she could find herself in conflict with property rights. Many married couples who remain married but live apart still have legal rights over one another's property. One partner might seriously object to any possible diminution of the property if he or she knew that someone was ailing and needed to go into a nursing home. This could...

Nursing Homes Support Scheme Bill 2008: Report Stage (Resumed) and Remaining Stages (26 May 2009)

James Reilly: I am coming at this from a different angle. My concern is that the patient who requires care will be disadvantaged and frustrated in his or her attempt to attain that care by the unwillingness of the estranged spouse or even of a spouse who is in the house but has a particular mindset and will not cooperate. The patient is disadvantaged. The Act needs to accommodate this possibility. This...

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