Mary Henry (Independent)

I am quite overcome with the words of praise I have had tonight, which while undeserved are very welcome. I accept the suggestion of the Minister of State that the Bill remain on the Order Paper, which will send a timely reminder to everyone about it. The Seanad is a great place to introduce such Bills, which are not party political. We need to get around to such legislation at some time. It is unfortunate that this matter has gone on for so long, but here we are with it now. I would like to see it addressed with a certain sense of urgency, particularly as it affects older people. Earlier today we had a debate on health service reform and I believe everyone supported the Minister for Health and Children in her desire to keep older people at home for as long as possible if that is what they want. This matter will require some working out and we need to be in a position to know what they want to do and what their carers want. It is important to ensure that the carers are legally covered. Senator Quinn spoke about what he did, which eventually may have been completely outside the law. Families could make challenges when others are doing the very best they can for a person. It is important particularly from the point of view of older people to get the legislation enacted as soon as we can.

Perhaps I read too much Dickens. When I read about people being made wards of court in chancery I felt worse than ever. As several Senators pointed out, frequently after people have been made wards of court, particularly following the award of big sums of money in damages for accidents, those who need to care for them on a day-by-day basis have had an extremely difficult time in dealing with things. I remember a case similar to the one mentioned by Senator Ryan in which a child was awarded damages. When the child was only seven, eight or nine, the carer was still having trouble getting money to care for the child.

When the Powers of Attorney Bill was being discussed in the Seanad, I tried to provide more flexibility regarding health care. However, the then Minister, Mr. Mervyn Taylor, felt he could not do so. He allowed for more latitude during its passage through the Dáil to take into account personal wishes. Older people are terribly worried about health care. They often say that they want no artificial resuscitation or other actions. However, people have no legal power unless these wishes are documented.

The Law Reform Commission mentioned under 18s and Senator Jim Walsh also spoke about them. I am sure many others apart from me were deeply shocked by a recent case in America where a child of approximately nine years who was supposed to have the mental age of six or seven months had her womb, ovaries and breast buds removed because her parents decided this was how they wanted to keep her — in a state of suspended animation.