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Disability Bill 2004: Report Stage (Resumed). (25 May 2005)

Kathleen Lynch: ——because fortunately we do not need the types of services which are supposed to be provided in this Bill. However, it is not all right for people who desperately rely on it.

Disability Bill 2004: Report Stage (Resumed). (25 May 2005)

Kathleen Lynch: I move amendment No. 51: In page 12, line 11, to delete "may" and substitute "shall".

Disability Bill 2004: Report Stage (Resumed). (25 May 2005)

Kathleen Lynch: I move amendment No. 61: In page 13, line 2, after "person")" to insert "has or". This section deals with an application for assessment. It is just as well the House has been dealing with this Bill for a long time. Someone reading it for the first time would be completely confused. Certain sections of it do not gel. For example, section 9(1)(a) says: Where— (a) a person ("the person") is of...

Disability Bill 2004: Report Stage (Resumed). (25 May 2005)

Kathleen Lynch: I am still at a loss having heard the Minister of State's reply. I listened carefully to what he said and I believe he is of the same opinion as me, both of us being at liberty to form opinions. If I have a disability, it is not a matter of opinion; it is a matter of fact. It should not be up to myself or someone else to form an opinion as to whether I have a disability. That is what I...

Disability Bill 2004: Report Stage (Resumed). (25 May 2005)

Kathleen Lynch: That is the most ridiculous statement I have ever heard. The Minister of State is saying one does not know that one has a disability until someone tells one that one has a disability and yet one will have gone for an assessment. Why would one do that? Is the Minister of State indicating that a person who does not believe he or she has a disability would apply for an assessment and suddenly be...

Disability Bill 2004: Report Stage (Resumed). (25 May 2005)

Kathleen Lynch: My point is——

Disability Bill 2004: Report Stage (Resumed). (25 May 2005)

Kathleen Lynch: Perhaps I am the only person who thinks like this, but one either has a disability or one does not. It is one or the other. In the case of some people because of the way this Bill is framed——

Disability Bill 2004: Report Stage (Resumed). (25 May 2005)

Kathleen Lynch: Can the Minister of State provide an example of that?

Disability Bill 2004: Report Stage (Resumed). (25 May 2005)

Kathleen Lynch: I will conclude. I do not know of any circumstances where a normal — whatever one considers to be normal — healthy, active person would be of the opinion that he or she has a disability and has that confirmed after applying for an assessment, when up to that point the person was not certain about that. I do not know of, and it is unlikely I will ever meet, anyone in that category.

Disability Bill 2004: Report Stage (Resumed). (25 May 2005)

Kathleen Lynch: I can guarantee that the parent would know that from every early on.

Disability Bill 2004: Report Stage (Resumed). (25 May 2005)

Kathleen Lynch: I move amendment No. 62: In page 13, lines 7 and 8, to delete "form such an opinion" and substitute "make application under this section".

Disability Bill 2004: Report Stage (Resumed). (25 May 2005)

Kathleen Lynch: I move amendment No. 64: In page 13, line 25, to delete "may" and substitute the following: "shall, unless an assessment has been or is being otherwise carried out,". This is a straightforward amendment which clarifies the position because it is possible that an assessment could be carried out somewhere else or be in process somewhere else, for example, under the Health Act 2004, or the...

Disability Bill 2004: Report Stage (Resumed). (25 May 2005)

Kathleen Lynch: And the fact that she is a woman.

Disability Bill 2004: Report Stage (Resumed). (25 May 2005)

Kathleen Lynch: That comes as a huge surprise and I am deeply disappointed. In regard to amendment No. 64 I do not want a person who happens to have a disability to be assessed at different stages. The Opposition wants to ensure this is smooth seamless legislation that is not too bureaucratic. That is what that amendment is about. I would hate to think a person would be assessed two and three times when...

Disability Bill 2004: Report Stage (Resumed). (25 May 2005)

Kathleen Lynch: There will be no march to the High Court or to the Supreme Court as there will be no point of law to debate. Therefore, the Bill needs to be complete with regard to certain things that could happen. The issues I am talking about in amendments Nos. 116 and 118 are inadequacies as opposed to inaccuracies.

Disability Bill 2004: Report Stage (Resumed). (25 May 2005)

Kathleen Lynch: The purpose of amendment No. 64——

Disability Bill 2004: Report Stage (Resumed). (25 May 2005)

Kathleen Lynch: I will try to explain it again. Where it appears to an employee of the executive that a person may have a disability or where a person is in receipt of a health service provided by the executive, or both, my amendment proposes he or she shall, unless an assessment has been or is being otherwise carried out, arrange for an application. My amendment seeks to clarify the situation, nothing else....

Disability Bill 2004: Report Stage (Resumed). (25 May 2005)

Kathleen Lynch: For instance, the case of a child and an assessment under the 2004 Act.

Disability Bill 2004: Report Stage (Resumed). (25 May 2005)

Kathleen Lynch: Not two assessments, but another assessment may be carried out. This is a proposal for clarification.

Disability Bill 2004: Report Stage (Resumed). (25 May 2005)

Kathleen Lynch: I move amendment No. 65: In page 13, line 31, to delete "within 3 months of" and substitute "forthwith after". This amendment proposes a time frame to ensure speedy movement rather than waiting until the last minute for something to happen. The phrase "forthwith after" would give greater substance. I know the Minister of State does not agree but I think it should happen and I suppose that is...

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