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Seanad: Nursing Homes Support Scheme Bill 2008: Committee Stage (Resumed) (17 Jun 2009)

David Norris: Send it to him.

Seanad: Nursing Homes Support Scheme Bill 2008: Committee Stage (Resumed) (17 Jun 2009)

David Norris: I have a final comment. I do not believe the principle of independence has been understood fully. There is a slight narrowing of scope in this Bill that is unattractive. In her speech in the Dáil, the Minister, Deputy Harney, argued that the Bill was centred not on entitlement, but on eligibility. I have made the point that it is not a rights-based Bill but there are certain rights which...

Seanad: Nursing Homes Support Scheme Bill 2008: Committee Stage (Resumed) (17 Jun 2009)

David Norris: There is still the question of being judge and jury in one's own case.

Seanad: Nursing Homes Support Scheme Bill 2008: Committee Stage (Resumed) (17 Jun 2009)

David Norris: I move amendment No. 20: In page 16, subsection (4), line 26, after "Act." to insert the following: "The percentage of the home owed to the Executive should never exceed fifteen per cent.". This issue is about the percentage value of the assets of the person going into the nursing home that should be distrained by the State. How is this estimated? This question of value arises from time to...

Seanad: Nursing Homes Support Scheme Bill 2008: Committee Stage (Resumed) (17 Jun 2009)

David Norris: No. The Minister of State made an interesting case and seemed to accept the principle with regard to fluctuations in value, the point in which I was particularly interested. She has made a good case for the Bill as it stands, taking that into account.

Seanad: Nursing Homes Support Scheme Bill 2008: Committee Stage (Resumed) (17 Jun 2009)

David Norris: I move amendment No. 22: In page 28, subsection (5), line 39, after "person" to insert the following: "and particular regard to the expressed, verbal or written wishes of the person". The amendment relates to the important matter of taking into account the expressed wishes of a person, whether verbal or written. It refers specifically to subsection (5) which states: "If the court is...

Seanad: Nursing Homes Support Scheme Bill 2008: Committee Stage (Resumed) (17 Jun 2009)

David Norris: I thank the Minister of State for graciously accepting the principle. I am quite certain that she and her advisers will come up with a better wording than ours, but it is important to acknowledge that the Minister of State has clearly accepted two amendments and there will be ancillary material produced which will support the principle of the third amendment so that we are ad idem on the...

Seanad: Nursing Homes Support Scheme Bill 2008: Committee Stage (Resumed) (17 Jun 2009)

David Norris: It is quite confusing.

Seanad: Nursing Homes Support Scheme Bill 2008: Committee Stage (Resumed) (17 Jun 2009)

David Norris: I move amendment No. 26: In page 41, subsection (1), between lines 6 and 7, to insert the following: "(b) where a person is assessed as in need by reason of categories outlined in section 7(6)(c) reviews will be carried out at a minimum of every 6 months and no later than every 12 months;". This is a simple amendment requiring that reviews be carried out at a minimum of every six months and...

Seanad: Nursing Homes Support Scheme Bill 2008: Committee Stage (Resumed) (17 Jun 2009)

David Norris: No.

Seanad: Nursing Homes Support Scheme Bill 2008: Committee Stage (Resumed) (17 Jun 2009)

David Norris: I move amendment No. 32: In page 46, line 8, after "ailment" to insert the following: "and there is an appropriate facility or service that could treat the individual.". This is to add in the phrase "and there is an appropriate facility or service that could treat the individual" which seems perfectly logical, practical and plain.

Seanad: Nursing Homes Support Scheme Bill 2008: Committee Stage (Resumed) (17 Jun 2009)

David Norris: This also relates, as I understand it, to the problem of people in acute beds and the fact they are seen as bed blockers. It is a question of the most appropriate place for them to go.

Seanad: Nursing Homes Support Scheme Bill 2008: Committee Stage (Resumed) (17 Jun 2009)

David Norris: Not at the moment, but I reserve the right to put table it on Report Stage.

Seanad: Nursing Homes Support Scheme Bill 2008: Committee Stage (Resumed) (17 Jun 2009)

David Norris: It is the heat. We are all boiling in here. It is worse than a nursing home. At least, the television is not blaring.

Seanad: Nursing Homes Support Scheme Bill 2008: Committee Stage (Resumed) (17 Jun 2009)

David Norris: I support both amendments. However, in deference to Senator Mullen, I like his amendment which spells out much. The amendment seeks to delete in page 50, lines 31 to 35, "(3) In performing its functions under paragraph (1)(ba) the Board may examine the records and accounts of an approved nursing home or of a nursing home the proprietor of which proposes to enter into arrangements under...

Seanad: Nursing Homes Support Scheme Bill 2008: Committee Stage (Resumed) (17 Jun 2009)

David Norris: I was trying to reproduce the eloquence of Senator O'Toole in his wonderful comment about the flat tyres of the economy, the lack of oil, the need to put water in the engine and so on, which reduced the newscasters on the RTE News to helpless laughter in the studio. I get the impression the Minister may refer this for further legal advice.

Seanad: Nursing Homes Support Scheme Bill 2008: Committee Stage (17 Jun 2009)

David Norris: I move amendment No. 6: In page 13, subsection (5), lines 5 to 7, to delete all words from and including "shall" in line 5 down to and including "Executive)" in line 7 and substitute the following: "shall be carried out by a multidisciplinary team (who may be employees of the Executive)". This deals with the multidisciplinary aspect of the assessment group, and assessment is at the core of...

Seanad: Nursing Homes Support Scheme Bill 2008: Committee Stage (17 Jun 2009)

David Norris: The Minister of State, although of very pleasant demeanour, is not giving very much to the Seanad. There was a slight chink that indicated she might consider some aspect of the principle. I am a little disposed to calling a vote but I will relent and leave the matter to Report Stage if the Minister of State can indicate she will consider some of the substance of what was said. For example,...

Seanad: Nursing Homes Support Scheme Bill 2008: Committee Stage (Resumed) (17 Jun 2009)

David Norris: Part of the problem experienced by those of us who are pushing for a multidisciplinary approach is that this legislation, like most legislation generated by the Government, is not fundamentally rights based. Therefore, there is no automatic entitlement to anything. That underlines Senator Fitzgerald's point that the Government does not want to be tied in to automatic financial liability in...

Seanad: Nursing Homes Support Scheme Bill 2008: Committee Stage (Resumed) (17 Jun 2009)

David Norris: My point is absolutely on the amendment. It is a pre-emptive strike to save a little time. I anticipate what the Minister of State may say in part of her response, especially on the plea many of us have made for the inclusion of social workers as a category. It is quite astonishing that they should be left out in light of everything that has been said by Senator Fitzgerald who has...

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