Frank Fahey (Galway West, Fianna Fail)

Amendment No. 17 would require the assessment officer to carry out an interview in all cases. It is desirable that some discretion over procedures remains with the assessment officer so the individual circumstances in each case can be considered. It may be the case that an interview is simply not required. If so, to accept the amendment would only add to the bureaucracy we want to avoid. The intention of this provision is to allow flexibility to ensure an efficient system can respond to the individual situations, as appropriate. The amendment is not in the best interests of the individual.

Amendment No. 18 seeks to compel employees of the HSE to apply for an assessment of a person who appears to have disability. Section 9(4) allows employees of the HSE to seek an assessment on behalf of a person. This provision would cover a small number of cases where the person did not have a relative or guardian to act for him or her and was not able to do so himself or herself. It is appropriate that the HSE is given discretion to consider the individual's circumstances in each case. It is also important that the person considered can decline to have an assessment. It is important the focus remains on the needs and interests of the individual rather than imposing a blanket obligation on the HSE. Consequently, I do not propose to accept the amendment.

Amendment No. 19 seeks to impose a timeframe for commencement and completion of assessment, including the arrangements to apply in urgent cases. This provision establishing time limits is already covered in the legislation. Section 9(5) requires that an assessment should commence within three months of the application and be completed without undue delay. Section 21 allows for the making of regulations to govern the procedures for assessment, including different timescales within which assessments should be carried out. It is envisaged that the regulations would establish different intervals for assessment depending on the category of disability and the age of the person. Such regulations should also allow for the prioritisation of the assessment of urgent cases, where this is warranted. I emphasise that there is a timescale, the finishing time of which will be covered by the regulations, in addition to the section of the bill dealing with the commencement time of three months.

I am satisfied these provisions adequately cover the concerns put forward by Senator Tuffy, which I accept are legitimate.