David Norris (Independent)

While there is not much point in pressing it, I wish to note that this suggestion has been made to me clearly. I understand the sensitivity if there is an expressed wish by the patient not to permit such provision of information. This is a question of human rights and the responsibilities and rights of the individual. However, as the Minister of State is aware, there are many instances in which a person's faculties may have deteriorated. People may not be in a position to make such a decision clearly, whereas at the same time it may be in their interests for the facility to have access to this assessment in order to provide the appropriate treatment. The information that has been passed on to me suggests the Minister of State's observations on the specified person or the care representative may not be legally covered in the Bill. In other words, the people from Age Action Ireland who briefed me have suggested there is a lacuna in the Bill in this regard. The patient may fall between the two situations. The specified person or care representative acting on behalf of a person who is incapacitated in the manner I have described may not, in fact, have the authority to pass on the contents of the report, even though it may be in the interests of such a person for that to be done. That is the point I am making. I do not propose to pursue the amendment to a vote because it would be a completely fruitless exercise.