Seanad debates

Tuesday, 21 June 2005

Disability Bill 2004: Report Stage.

 

3:00 pm

Photo of Frank FaheyFrank Fahey (Galway West, Fianna Fail)

Amendment No. 8 would require assessment reports to contain a priority list of services and the timing for their delivery. The principle already established in the Bill is that the assessment report would set out all required services and indicate the order for their provision, together with the optimal time scales for their delivery. I am not convinced that the amendment proposed would add to that principle or improve arrangements for assessment and service delivery. In addition, those carrying out the assessment will be required to take note of the applicant's views about his or her needs or preferences. This will also inform the consideration of the assessment. I am satisfied that the outcome of the assessment will reflect the approach sought by the Senators and therefore, I do not propose to accept this amendment.

Section 8(7)(b)(iv) requires that the report specifies the time frame for the review. Amendment No. 9 would delete this provision and would require that the report outlined unmet service needs and dates for the review of the assessment to be no more than one year apart, or where there is a change in circumstances or available resources. The legislation adequately provides for further assessments. The timing of the reviews would be guided by the assessment report. Section 8(7)(b)(iv) specifies that each assessment report will set out the period within which the review of the assessment will take place. The regulations will guide different periods for such reviews, taking account of important factors such as the age of the applicant and his or her disability. The regulations will be subject to consultation before they are finalised, so that there will be ample opportunity for input by the relevant interests, including this House.

Section 9(8) allows the applicant to initiate a further assessment where there is a material change of circumstances or a material mistake of fact, or where further information becomes available relating to personal circumstances or services. The assessment will be independently undertaken without regard to resources in accordance with quality standards and will identify needs. Senator Kett is correct in that regard and it would not be possible for the report to specify which needs may or may not be met at that point in the process. The service statement will contain the services to be made available within the resource restraints which apply at the particular time. Consequently, there will not be any services included in the reports which cannot be delivered. Where circumstances change, the service statement will change to reflect that.

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