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Seanad: Nursing Homes Support Scheme Bill 2008: Report and Final Stages (24 Jun 2009)

David Norris: Could I make a little point? I ask the House's indulgence. Some of these amendments are technical and with such a large grouping we may need time to locate the position in the Bill. It is a large number of amendments spread across the Bill.

Seanad: Nursing Homes Support Scheme Bill 2008: Report and Final Stages (24 Jun 2009)

David Norris: I am not. I am saying let us be flexible if there are hesitations. Give us time, a Leas-Chathaoirligh. You are very flexible.

Seanad: Nursing Homes Support Scheme Bill 2008: Report and Final Stages (24 Jun 2009)

David Norris: While I have been enlightened by Senator Bradford's contribution, he is mistaken in his interpretation of classical mythology. Had the ancient Greeks said, "Thank you very much" and closed the door in the face of the Trojan horse, history would have been very different. Unfortunately, they were foolish enough to let it in. I could not resist saying that because it is such a charming...

Seanad: Nursing Homes Support Scheme Bill 2008: Report and Final Stages (24 Jun 2009)

David Norris: Absolutely. Historically, that has been the case.

Seanad: Nursing Homes Support Scheme Bill 2008: Report and Final Stages (24 Jun 2009)

David Norris: Yes, they are.

Seanad: Nursing Homes Support Scheme Bill 2008: Report and Final Stages (24 Jun 2009)

David Norris: I move amendment No. 9: In page 13, between lines 9 and 10, to insert the following: "(a) Assessment shall be carried out by individuals within the team as specified by the Health Service Executive, the relevant person, or a specified person. (b) A geriatrician will partake in each care needs assessment.".

Seanad: Nursing Homes Support Scheme Bill 2008: Report and Final Stages (24 Jun 2009)

David Norris: I move amendment No. 10: In page 14, lines 4 and 5, to delete "during the person's lifetime" and substitute "for a period of no less than 1095 days". If I am correct, this amendment specifies a period of no less than 1,095 days. While I have made the argument on this point previously, I will restate it. It is questionable for the executive to determine that someone is unlikely to cease to...

Seanad: Nursing Homes Support Scheme Bill 2008: Report and Final Stages (24 Jun 2009)

David Norris: I am happy to withdraw the amendment, particularly in the light of the assurances provided by the Minister of State that the most important point has been met, namely, that financial strain and worry will be removed as soon as possible.

Seanad: Nursing Homes Support Scheme Bill 2008: Report and Final Stages (24 Jun 2009)

David Norris: I move amendment No. 11: In page 14, to delete lines 26 to 28 and substitute the following: "(13) The content of a care needs assessment report will be provided to a relevant facility or approved nursing home.". Again, there was extensive discussion on this issue the last time. The purpose of the amendment is to assist in the provision of proper care. While I acknowledge the Minister of...

Seanad: Nursing Homes Support Scheme Bill 2008: Report and Final Stages (24 Jun 2009)

David Norris: Yes. A specified person can act in respect of an application, appeal or review on behalf of another individual who does not have capacity. However, capacity in the Bill is task-related. Under section 21(1), there is an assumption that until the contrary is established, a person has full mental capacity. The mental capacity assessment, as outlined in section 21(1), undertakes to assess the...

Seanad: Nursing Homes Support Scheme Bill 2008: Report and Final Stages (24 Jun 2009)

David Norris: While there is not much point in pressing it, I wish to note that this suggestion has been made to me clearly. I understand the sensitivity if there is an expressed wish by the patient not to permit such provision of information. This is a question of human rights and the responsibilities and rights of the individual. However, as the Minister of State is aware, there are many instances in...

Seanad: Nursing Homes Support Scheme Bill 2008: Report and Final Stages (24 Jun 2009)

David Norris: It is most helpful that an amendment is to be proposed in response to what we have said. I welcome what the Minister of State has said about amendment No. 32.

Seanad: Nursing Homes Support Scheme Bill 2008: Report and Final Stages (24 Jun 2009)

David Norris: I support the amendment, to which I have added my name. The Minister of State will recall that I invaded my own privacy during the Committee Stage debate when I gave an example of a parallel situation of unfairness. When I inherited a small number of stocks and shares some years ago, it took two and a half years to get them out of probate. They were valued for testamentary purposes at the...

Seanad: Nursing Homes Support Scheme Bill 2008: Report and Final Stages (24 Jun 2009)

David Norris: As a signatory to the amendment, I accept the very good case made by the Minister of State. I withdraw my support for the amendment.

Seanad: Nursing Homes Support Scheme Bill 2008: Report and Final Stages (24 Jun 2009)

David Norris: It averages out over three years.

Seanad: Nursing Homes Support Scheme Bill 2008: Report and Final Stages (24 Jun 2009)

David Norris: That is a very valid point.

Seanad: Nursing Homes Support Scheme Bill 2008: Report and Final Stages (24 Jun 2009)

David Norris: I would like to raise a technical point of order. Why was the Bill not recommitted in respect of Government amendment No. 6? If it needs to be recommitted in respect of amendments Nos. 13 to 16, inclusive, and Nos. 22 and 23, presumably it should have been recommitted in respect of the earlier amendment No. 6.

Seanad: Nursing Homes Support Scheme Bill 2008: Report and Final Stages (24 Jun 2009)

David Norris: I am looking for some guidance on this issue.

Seanad: Nursing Homes Support Scheme Bill 2008: Report and Final Stages (24 Jun 2009)

David Norris: I thank the Cathaoirleach for his guidance, but I do not understand why the same was not done in the case of amendment No. 6.

Seanad: Nursing Homes Support Scheme Bill 2008: Report and Final Stages (24 Jun 2009)

David Norris: I see.

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