Kathleen O'Meara (Labour)

I am disappointed with the Minister of State's response. I had hoped, in light of what his Government colleagues had said, that he would see that the amendment is necessary and would strengthen the legislation.

The Minister of State is describing an ideal world where a person applies to an independent assessment officer, the assessment is done and everything is perfect. I genuinely hope that is the case in practice and that people will be satisfied with their assessment; I have no doubt this will happen in the majority of cases. However, we do not live in an ideal world and we aspire to perfection. There is a very strong desire on behalf of authorities in the public service to deliver an excellent high-quality service in this area which is applicant, customer and client-centred. However, even in an ideal world this does not always happen. The amendment is designed to provide for the rare occasion when somebody is not happy with the contents of the assessment and feels that it does not adequately or correctly reflect his or her situation. It gives people the right to appeal. The Minister claims this is taken care of in the overall context of the Bill, but he has not stated where it is specifically provided for. My understanding is that it is not and that is the reason for our amendment, particularly in the context of section 14 regarding complaints on assessments or service statements.

It is important, in order to build confidence in people with disabilities in the operation of this legislation and the new system, to bend over backwards to accommodate them and give them an opportunity to have their case stated and ensure their assessment reflects their needs. I would have thought this amendment underpins that desire. Without it, the Minister is leaving out something fundamental. According to the description the Minister gives, the contents of the assessment would not need to be appealed. In an ideal world that would be the case and that would be wonderful. Perhaps this will only apply to one out of a hundred or a thousand but the principle contained in the legislation is that it would be possible to alter the assessment and that is the essence of this amendment. It would strengthen the legislation.

I am disappointed with the Minister's response and ask him to do two things. Can he point out precisely where the legislation caters for this scenario? I also request that he take on board the views of all Members of this House.