Seanad debates

Wednesday, 17 June 2009

Nursing Homes Support Scheme Bill 2008: Committee Stage (Resumed)

 

3:00 am

Photo of David NorrisDavid Norris (Independent)

The Minister has been extremely helpful in directing my attention to section 47, which I have read. There is nothing whatever in section 47 that gives the right to a specified person to provide consent. I will read it into the record because it states exactly what I said earlier. It states: "Subject to subsections (2), (4) and (9) a specified person may act on behalf of another person in relation to any application, appeal or review under this Act". There is a possibility that if a specified person purported to give consent in this instance based solely on section 47 it would be open to a challenge in the courts, if that is what the Minister is relying on, because the giving of consent on behalf of a third party is a very considerable power and it is not articulated in this paragraph. I bow to the Minister's superior knowledge, temporarily, if she can flatten me with further information.

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