Seanad debates

Wednesday, 17 June 2009

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

 

3:00 am

Photo of Frances FitzgeraldFrances Fitzgerald (Fine Gael)

No, it was not discussed but we are discussing the section and this subsection is in this section. The amendment I tabled was ruled out of order but I want to hear from the Minister the reason this section is in the Bill. It is reasonable, in discussing this section, to ask the Minister and her advisers for an explanation of subsection (11). What does it mean? Is it a type of general indemnity clause that the State does not have to provide anything? It seems strange to me. I do not understand why a Bill dealing with how the State will provide for people has a blanket declaration that the State, even if a care assessment is carried out of a person deemed to need care, does not have an obligation. Subsection (11) states: "Where a care needs assessment is carried out, this shall not be construed as meaning that the Executive will provide or will arrange for the provision of any service identified in the assessment". It is a blanket get-out clause and I want to know the legal advice that states that is necessary. Was that contained in the disability legislation as well? Will the Minister contextualise the reason it is necessary to insert a paragraph that states that the Executive has no obligation to provide for any service, even though the whole Bill is about the way services are defined and the Government's obligation to provide such services. That is the purpose of the entire Bill. I want an explanation from the Minister for the inclusion of this subsection in this section.

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