Michael Brennan (Progressive Democrats)

I thank the Senator for proposing this amendment to section 5. She seeks to provide in the legislation that personal advocates should have particular qualifications. I do not have a difficulty with that. There is no need and it could be counterproductive to lay down the qualifications in legislation because the necessity for qualifications of a certain type changes from time to time. I have provided in the Bill that the qualifications of personal advocates will be determined by the board. In fact, the first draft suggested it would be determined by the director, but I broadened it to make sure the whole board was satisfied with the qualifications.

Section 5, paragraph 7A(2) provides that personal advocates shall have such qualifications, experience and expertise as the board considers necessary. The intention here is that the new service should have highly trained people with specialist skills, in order that they can carry out the responsibilities of a personal advocate when speaking up for a person with disability and helping that person to access services. I took on board what was said on Second Stage.

The guidelines are published by Comhairle, the citizens information board, in preparation for the introduction of this service. These suggest that personal advocates would be expected to have a third level standard of education and experience in dealing with clients in a relevant area. The overall intention is to ensure a professional service of the highest quality. Section 5, paragraph 7A(2) is intended to empower the board to achieve this objective. The guidelines were published in September 2005 and they provide that a personal advocate shall empower the person with disability where possible, respect the person's wishes, act in the best interests of the person, act independently and maintain confidentiality. The objective is to keep the disabled person at the centre of the service and the guidelines suggest that potential personal advocates are likely to come from a variety of professions, where they will have experience dealing with people as clients. A minimum of three years' experience in a relevant area is probably desirable, but good judgment is needed overall.

In preparation for the introduction of the service on a statutory basis, the board has produced a resource pack for the community sector and has held training and networking days for the new advocacy project. The board also supports a higher certificate course in advocacy studies, which is accredited through Sligo Institute of Technology. In 2006, 26 students graduated from the two-year diploma course. There are currently 30 students in their second year of the course and 40 students in their first year. We will start off with four advocates, but I have stated that we are committed to meeting the demand and the number of advocates will increase.

I do not have a problem with what the Senator is trying to achieve in her amendment. We want to make sure that personal advocates are well qualified with plenty of experience, and are the right people for the job. I take the view that the Bill requires the board to be satisfied about those matters. It is better that the chairperson, the director and members of the board use their combined wisdom. From time to time, qualifications will change. New courses might be available or new post graduate studies might be developed. One might need a BA in psychology today or a PhD in philosophy tomorrow. It depends on society as it develops.

It is better to leave flexibility in the Bill, but it contains a requirement that the board be satisfied that people have suitable qualifications, expertise and experience. I have laid out what the guidelines state and I have no doubt they will be followed in detail.