Rónán Mullen (Independent)

I welcome what the Minister of State is seeking to do in regard to this amendment. It is certainly a sign of her openness, which she has shown on at least two other occasions today, to take on board specific, constructive suggestions, albeit in fairly technical matters. We would certainly have liked more of those suggestions to have been taken on board but I do not want to take from my gratitude in general terms.

Does what the Minister of State propose, by way of an amendment, achieve what she intends? From my reading of this amendment, it is certainly clear that she is extending the competence of a specified person to act on behalf of another person to include situations which relate to the giving of the contents of the care assessment to the nursing home provider in question. To be a specified person, the person for whom one is acting must lack mental capacity. That is a matter which requires to be determined in regard to each decision that must be taken.

Does section 21, which provides for the determination of a person's capacity or otherwise in situations relating to the issue of ancillary State support and the property dimension of things, deal with the issue or does it legitimate or provide for the assessment of a person's mental capacity having regard to the separate issue of whether he or she is in a position to know or understand the consequences of giving consent to the giving of his or her care assessment to the nursing home provider? Is that separate determination of a person's capacity to deal with that issue provided for under section 21 or is an amendment also needed in that regard to provide for such a determination?