Frank Fahey (Galway West, Fianna Fail)

There is scope for that. There seems to be a misunderstanding on the part of Senator O'Meara. If one considers section 9 on page 14 it answers the point Senators O'Meara and Kett have made. Section 9(8) states:

A person who has previously made an application under subsection (1) may make a further application if he or she is of opinion that since the date of the assessment-

(a) there has been a material change of circumstances,

(b) further information has become available which either relates to the personal circumstances of the applicant or to the services available to meet the needs of the applicant, or

(c) a material mistake of fact is identified in the assessment report.

If the applicant forgets something this section allows him or her to submit the information later. The section provides for continual updating of assessment because people's needs will change. In the case of early intervention, if a child is assessed as having a certain disability at the age of two, the child's situation will have changed at the age of three and there will be a need to update the assessment. Assessments are not set in stone without further consideration. The Bill provides for revision of assessments.

In addition, the assessment is guided by standards that ensure uniformity. The best way of ensuring quality and accuracy is the standard that will be laid down and that will provide a level playing pitch. We must ensure all assessments comply with standards laid down and if standards are not complied with, an applicant can complain and a complaints officer can recommend a further assessment in accordance with standards. This will provide for the point raised by Senator O'Meara.

The level playing field to which I refer is a reassurance that assessment officers must work to the same set of standards developed by HIQA. The HIQA interim board was established earlier this year by the Tánaiste and I am confident it will play an important role in supporting quality assessment delivery. If we did not have this there could be a need for this amendment but as we have detailed standards set down we do not need the additional appeal procedure suggested by the Senator, which is provided for in section 8 in any case.