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

David Norris: Absolutely.

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

David Norris: We will return to the substance of some of these matters in later amendments. With regard to the multidisciplinary aspect, I am not aware of any occasion in the Bill where the phrase "multidisciplinary team" is employed. Perhaps the Minister of State will point to a passage where the term is used as I may have overlooked it. I note her skilful advisers are searching through the Bill. It...

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

David Norris: I am aware of that. The Senator opposite engaged in an extensive flight of rhetoric about the issue. I am simply putting the matter in context in order that someone reading the record in subsequent years will not be misled. As far as I am aware, the older sections of St. Mary's Hospital, which are Dickensian, are still in use. Let us, therefore, not have a glowing view of the hospital,...

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

David Norris: If I may make a positive final comment, and this is a serious matter, I can recall a case in which I was involved where an elderly woman was living in conditions of considerable untidiness which I will not describe as squalor as they were not unclean. She had a serious problem with her eyesight and, eventually, with her co-operation I arranged for her to be hospitalised for a short time....

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

David Norris: Senator Mullen and I have highly developed feminine sides.

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

David Norris: Not at this stage.

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

David Norris: I move amendment No. 15: In page 14, subsection (8), lines 3 to 5, to delete all words from and including "that" in line 3 down to and including "lifetime." in line 5 and substitute the following: "that it is likely the person will require care service for a period of not less than 30 consecutive days or periods in the aggregate amounting to not less than 30 days within a period of 12...

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

David Norris: I am Tweedledum. The other old Prod is Tweedledee.

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

David Norris: I welcome the Minister's response. I am not completely satisfied. I shall mull it over. I would like to address a point made by my colleague, Senator McFadden. She is dealing with the issue in a very humane manner and feels that people might be reassured by the prospect that an elderly relative would be catered for for the rest of his or her life. My understanding is that no such...

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

David Norris: Will the Leas-Chathaoirleach explain that?

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

David Norris: I would like to register a protest. This is a complete nonsense and the ruling is a bad one. I ask that the Leas-Chathaoirleach take back to the Cathaoirleach a demand from this House that the CPP be convened to discuss these rulings-----

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

David Norris: -----which are blatantly absurd.

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

David Norris: The Minister of State has made the effective and humane point that one must reflect and respect the wishes of the patient who may well believe there is something untoward going on or that matters are being disclosed that they do not wish the matron of the nursing home or administrator to know about. While that is an issue that must be considered, what is the position in respect of those who...

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

David Norris: From what the Minister of State says, my support for the original amendment is growing. She implies that the care plan depends on access to an assessment. It would be daft to allow a couple of bloody-minded patients to gum up the works. I am afraid to say that I am turning against human rights and becoming authoritarian in this regard. She agreed with Senator Fitzgerald that it is vital...

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

David Norris: I will be wicked. The State should take a somewhat paternalistic role in this because there are occasions when, to cite Senator Mullen, Mammy and Daddy know best for Mammy and Daddy. Perhaps the Minister of State will consider framing the Bill so that material is not transferred except in exceptional circumstances in view of the additional burden created for the State and health care...

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

David Norris: I ask the Minister of State to reassure me that the specified person has the legal capacity to consent. The specified person organises applications, reviews and appeals for people without the capacity to deal with these matters. I do not see how they are empowered to consent to the dissemination of this information. Perhaps the Minister of State can indicate the provision in the Bill which...

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

David Norris: I will read the section with interest and I thank the Minister of State for the clarification.

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

David Norris: The Minister has been extremely helpful in directing my attention to section 47, which I have read. There is nothing whatever in section 47 that gives the right to a specified person to provide consent. I will read it into the record because it states exactly what I said earlier. It states: "Subject to subsections (2), (4) and (9) a specified person may act on behalf of another person in...

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

David Norris: I strongly support Senator Fitzgerald. This is the core of the issue. The fact that this is not rights based was referred to briefly earlier. This is the get-out cause but it was not put in by the Minister or her Department. We all know that. We know from where it came. This is the Department of Finance at it again, and it is extraordinary. The Minister has correctly invoked humanity....

Seanad: Order of Business (16 Jun 2009)

David Norris: Hear, hear.

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