Frank Fahey (Galway West, Fianna Fail)

I appreciate why Senators want this change which, at face value, seems like an important improvement to the Bill. However, the requirement is provided for in the Bill when one considers the overall provisions. Amendment No. 29 seeks to insert a further ground for complaint in respect of the contents of the assessment. However, people who consider themselves as having a disability can apply for an assessment, as outlined in section 9(1). Those who apply for an independent assessment will receive one and there is ground for complaint under section 14(1) if they do not.

With regard to the content of the assessment, it is important to note that the assessor is an independent officer and there is no reason he or she will not make an assessment in association with the person applying to that person's satisfaction. The assessment will be carried out without any regard to the cost of providing the services identified and in accordance with the standards set down by the Health Information and Quality Authority. This new body will be established to set the standards for the legislation and the services provided under it. If the assessment officer does not comply with the standards, as laid down by HIQA, there are then grounds for complaint. In that specific area, the contents of the assessment are covered because it is carried out in accordance with those standards, which will be very detailed and will spell out exactly what will be in the content of the assessment, among other matters.

In addition to this section, there are other provisions in the Bill which will ensure standards are adhered to and that the involvement of the relevant expertise is taken into account in the assessment process. Section 9(8) allows for the applicant to seek a further assessment if there is a material change in his or her circumstances, if further information about personal circumstances or services becomes available or if there is a mistake of fact in the report. The assessment officer's ethos is to represent the interests of the individual. As I said yesterday, the statutory independence given to the assessment officer means that he or she stands apart from the system and therefore has a completely different role from the service statement and liaison officer.

Senator Norris made a point, supported by Senator Henry, regarding the enduring nature of a condition. This has been catered for in the Bill and we have made amendments with regard to the definition of disability in order to ensure there is no question regarding the difficulty for people who have disabilities of an episodic nature. We have widened the definition of disability to ensure that a person who, for example, suffers from bipolar depression of an episodic nature, is provided for under the terms of the legislation. While I appreciate the spirit behind this amendment and its support from all sides of the House, I do not believe it is necessary to have a situation where the contents of the assessment need to be appealed.

We must ensure that the legislation is person-centred, consumer-friendly and not hugely bureaucratic. There is a fear that an additional appeal on the contents of assessment, which is independent and not reliant on resources, would introduce an opportunity for greater bureaucracy. We do not want that to happen. Rather we want a situation whereby a person can go to an independent officer, who has no respect for resource provisions, have his or her assessment done and get on to the next stage where the liaison officer takes the assessment and puts in place a service statement outlining the required services.

I am sympathetic towards the proposed objectives, but I do not accept the amendment.