David Norris (Independent)

It sounds good but it is not, life is not like that. Sometimes people apply for these without realising all the implications. Someone mentioned that there was a difficulty with a ward of court who needed alterations to her house. That is the same as taking up one of these equity release schemes. It gives a bank equity and its permission is needed to install a chair lift or similar facility. The bank may refuse because it would reduce the value of the house. People must be protected from that, particularly some older people who are easily led and a bit sentimental.

The Bill covers the question of consent. As the law stands, dentists, doctors and surgeons get consent forms signed by patients but they have no legal force. Technically, a dentist or a doctor who operates on someone of diminished capacity could in law be held to be committing an assault because those consent forms have no validity. As I understand it, this situation will be rectified by the current Bill, another good reason for commending it to the House.

The Minister indicated that although he will not take the Bill en bloc, it will remain on the Order Paper. Nothing will be done before the election and, alas, Senator Henry will not be here to propose the legislation after the election but if no one else will, I will push it, as will Senator O'Toole, who seconded it.