Seanad debates

Wednesday, 13 June 2012

Seanad Report on the Rights of Older People: Statements

 

12:00 pm

Photo of Denis O'DonovanDenis O'Donovan (Fianna Fail)
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I welcome the Minister of State, Deputy Kathleen Lynch, to the House. We will have statements on the rights of older people on which a report has been completed by the Seanad Public Consultation Committee. I invite the Minister of State to proceed.

Photo of Kathleen LynchKathleen Lynch (Cork North Central, Labour)
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I thank the Cathaoirleach and Senators for giving me an opportunity to make a statement on its report on the rights of older people.

We all acknowledge and indeed welcome the fact that society can only be enriched by the increasing number of older people in the coming years. This not only is a reflection of our shared values and aims but also represents the success of various policies and services developed in recent decades to extend life expectancy through improved health services and to advance the overall quality of life of older people. There is, I am sure, common agreement within this House and beyond that the challenges and opportunities presented by our changing demographics should be addressed in the best and most realistic way possible. The report is timely, therefore, and raises, rightly, important issues that will help inform debate and decisions in the future. Many of the questions raised in the report have been or are being pursued on various fronts, including through the programme for Government, for example. Other issues surfacing in the report will have to be considered with a view to their feasibility in the current climate.

The primary focus of Government policy in terms of health and personal social services is to support older people to live at home and in their communities for as long as possible. This is, after all, where most older people want to be and is realised throughout the country by a range of valuable and widely appreciated community-based services. These are designed to be as flexible as possible to best meet the needs of older people and their families. Alternatively, where home-based supports are not an option, for whatever reason, the State supports access to quality long-term residential care. We are also moving beyond the existing accepted spheres of care delivery towards enhanced transitional or intermediate care options. These not only are designed to deliver more appropriate care in a more integrated setting, but also are a new approach to alleviating pressures across the wider care system.

In tangible terms, the investment dedicated to services for older people is significant by any standard with, for example, slightly more than €1.4 billion being provided this year for the health sector alone, of which approximately €350 million is for home supports. These services are often delivered on a partnership basis with the not-for-profit and private sectors. Existing policies, services and Exchequer funding across the public domain therefore reflect to varying degrees at least some of the eight recommendations and themes contained in the report, balanced against the equity and rights we all should expect and enjoy as a society.

Such balance is key to the call for a new UN treaty on the rights of older people. This, as the report indicates, is being considered at UN level and by the EU where, it is fair to say, there seems to be little enthusiasm so far for such a proposal. This issue is obviously still at a very formative stage, with no guarantee that a treaty will materialise in the near future. There are, however, a number of interesting points raised in the report which I will consider in due course with the Government. These include the view that policies in the past tended to be more passive than active on older people, or the need for clarity surrounding how any new treaty might relate to other legal, policy or rights-based approaches.

On coming into office, the Government made a firm commitment in the programme for national recovery to introduce a mental capacity Bill in line with the UN Convention on the Rights of Persons with Disabilities. One of the remaining core elements to ratifying the UN convention is enactment of new mental capacity legislation. I do not wish to go over my time but I wish to say that it may not be called the mental capacity Bill, which is a harsh title. We will discuss assisted decision making in regard to mental capacity. Language is important. Work is ongoing to ensure alignment of the Bill with the convention, and the Government legislation programme indicates the Bill will be published in the current session. The mental capacity Bill will reform the law in respect of adults who lack some or all mental capacity to make important decisions for themselves and will provide a legal framework to support such persons in fully exercising their legal capacity. It will modernise the law on capacity - largely dating back to the 19th century - and will bring Irish capacity legislation into line with current thinking and modern international legislative frameworks.

Societal and demographic changes make the need for reform of the law on capacity more pressing. Changing family structures, for example, or the isolation of vulnerable persons generally, present challenges for both society, and existing law. Over time, as the population ages, more of us will require the assistance of others to support or intervene in decisions about our personal welfare, finance and property. In modernising the law on legal capacity, the Bill will address such needs while striking a balance between an enabling approach and protection. The main proposals in this regard are: to provide a statutory framework for supported decision making for persons lacking capacity and to abolish the wards of court system; to change existing law on capacity, shifting from the current "all-or-nothing" approach to a more flexible functional one where capacity is assessed on an issue and time-specific basis; to provide that, where it is not possible for a person to exercise capacity even with support, a court or a court appointee may act as his or her representative; to clarify, as indicated in one of the recommendations of this report, the law for carers who take on responsibility for persons who lack capacity; to establish an office of the public guardian with strong supervisory powers to protect persons lacking in capacity; and to repeal and subsume the provisions of the Powers of Attorney Act 1996 in order that its provisions would be brought into line with the general principles and safeguards in the Bill.

I am most conscious of the key role quality home care plays in the lives of so many people, and the need to progress more improvements in the sector generally. As referenced in the report, the Government for National Recovery 2011-2016 commits to developing and implementing national standards for home support services which will be subject to inspection by the Health and Information Quality Authority, HIQA. New statutory regulation of this sector must take account of various issues such as those raised in recent reports of the Law Reform Commission.

Primary legislation and additional resources will be required to introduce statutory regulation for home care services, including the private sector. The question of possible legislative changes, including regulation and inspection for relevant services, is under consideration in the overall context of licensing health care providers. Various options are being examined, including the complex legal issues involved and the need to prioritise legislation across the social care area, such as that relating to children or disabilities. It is important to emphasise that statutory regulation is only one way of improving the safety and quality of services and that other operational measures have or are being taken to improve community services for older people delivered by, or on behalf of, the HSE.

While I acknowledge the point made in the report on the need for improved planning data for community care for older people, the position is that the existing data available to the CSO and the health authorities is robust enough to meet projection requirements. I will, however, take this suggestion on board to see what improvements might be possible, while balancing priorities in the area of health data overall. I also make the point that the majority of HSE home help has traditionally gone to vulnerable older people, and this continues to be the case, with an increasing focus on meeting more personalised care needs for the most vulnerable.

We recognise the tremendous contribution that carers make to society. However, it is important to understand the carer's allowance is primarily envisaged as an income support where someone is unable to work because of caring responsibilities. It is not a payment for providing care. The point at which a close relative who has been providing care begins to claim carer's allowance is usually when the extent of the caring interferes with his or her ability to work. Family members have natural responsibilities for the care of one another beyond supports the State may provide. The State is not the normative way to meet human needs and it is not appropriate to compare the cost of State care with the cost of that provided within the family.

The requirement to be habitually resident in Ireland was introduced as a qualifying condition for certain social assistance schemes and child benefit with effect from 1 May 2004. The effect of the condition is that a person whose habitual residence is elsewhere would not normally be entitled to social welfare assistance or child benefit payments on arrival in Ireland. Each case received for a determination on the habitual residence condition is dealt with in its own right and a decision is based on application of the legislation and guidelines to the particular individual circumstances of each case. I checked on this matter before attending the Seanad, as there is a great deal of concern about it in particular. The Department assured me each case is dealt with on an individual basis, which is important. Sometimes, circumstances arise in which family members must travel home in a hurry. Irish nationals returning to live in Ireland on a permanent basis should experience no difficulty in demonstrating that they satisfy the requirements of the habitual residence condition.

There is no discrimination on grounds of nationality in social welfare legislation and to introduce any such provision would be contrary to the equality principles that Ireland has adopted in its equality legislation, the treaties of the European Community, the Charter of Fundamental Rights and other international conventions.

The free travel scheme provides free travel on main public and private transport services for those eligible under the scheme. These include road, rail and ferry services provided by companies such as Bus Átha Cliath, Bus Éireann and Iarnród Éireann as well as Luas and services provided by more than 90 private transport operators. Funding for the scheme was frozen by the previous Government at 2010 expenditure levels, as outlined in the National Recovery Plan 2011-14 and the 2011 budget. This cap was confirmed in the 2012 budget. The Department of Social Protection, therefore, is not in a position at this time to extend the scheme in any way, including through provision of a taxi voucher scheme.

Some 700,000 customers are in receipt of the scheme, a figure that is increasing annually. The scheme was set up to take advantage of available unused passenger places on public transport services. This is the only basis on which the scheme can be viable in the long term. The use of taxis in place of scheduled public passenger services would represent a significant expansion of the scheme, with considerable additional costs that could not be countenanced in the current economic climate.

The rural transport programme provides a degree of flexibility for older people in rural areas where regular public services are not available. All of the schemes operated by the Department of Social Protection, including free travel, were examined in the context of the comprehensive review of expenditure and continue to be kept under review, given the ongoing need for savings. The review continues to inform the Government's decisions on future spending.

Senators will be aware that, during 2008, an interdepartmental group undertook work, including a public consultation process, to develop a national carer's strategy. However, due to the prevailing economic situation, it was not possible to set achievable targets or time limits. In this context, rather than publishing a document that did not include any significant plan for the future, the Government decided not to publish a strategy. I am pleased to inform the House that the development of a national carer's strategy to support carers and to address issues of concern is a key commitment in the current programme for Government. The strategy will address the needs of informal and family carers. It will be conceptual and visionary and will establish a number of high level principles, goals and objectives and a roadmap to implementation. The State faces challenges in maintaining existing levels of services from within limited resources, in which context the strategy is being developed. It will not be an operational plan but will set the strategic direction for future services and supports for carers in recognition of their role and contribution to maintaining children, adults and older people with physical or mental health difficulties in their own homes.

While issues relating to carers span a number of Departments, the Taoiseach has allocated responsibility for co-ordination of the preparation of the strategy to me, with the support of the Minister for Social Protection. Work on developing the strategy is ongoing and a consultation process with other Departments took place in early 2012. A draft was completed at the end of March as a basis for final consultation with other Departments and with national organisations representing carers. Carers' organisations have made formal observations and it is hoped a draft will be completed for submission to Government during the summer.

Government policy on palliative care is contained in the 2001 report of the national advisory committee on palliative care and the HSE's palliative care services Five Year/Medium Term Development Framework 2009-13. It is worth stressing that palliative care, in which non-statutory players feature prominently, is moving beyond the traditional life-limiting area of cancer to address other non-malignant or chronic conditions. The Government remains committed to the delivery of the best possible palliative care services, as reflected with funding of some €78 million for this year. In this context, I am pleased to inform the House that the centralised medical card registration unit of the HSE operates a scheme for issuing emergency medical cards, which would cover persons in end-of-life situations. A person or general practitioner, GP, can at any time seek assistance from or direct his or her emergency application to his or her local health office. The HSE has also provided functionality to GPs to extend eligibility for one year in certain cases.

The Government is embarking on a major reform programme for the health system, the aim of which is to deliver a single-tier health system supported by universal health insurance, UHI, where access is based on need, not income. There are a number of important stepping stones along the way, each of which will play a crucial role in improving our health service in advance of the introduction of UHI.

Given the multidimensional nature of this report, I and other relevant Ministers and Departments will require more time to absorb its content and implications fully. The report will also be taken into account in the context of finalising the forthcoming national positive ageing strategy. Therefore, it is not possible to give firm commitments today on the report of the House. However, I assure the House that, from my initial examination of this recently received report, I regard it as a valuable contribution to the vision we all embrace of enhancing the lives of older people in whatever way possible.

Given the work involved in the report, there is a clear commitment to the general view that the question of how we age is important. We hope to publish the positive ageing strategy this year, given the year that is in it. The strategy will be subject to consultation and it is hoped it will map the way to our future. As I often tell people, it is as if older people are out there and not part of what we are. I thank the Seanad for going to the trouble of producing and presenting this report and for allowing time for this discussion.

Photo of Mary WhiteMary White (Fianna Fail)
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I welcome the Minister of State and compliment her on her tremendous work. One regularly reads newspaper stories about her activities. I congratulate her on meeting my expectations.

I will discuss the Fianna Fáil policy document, entitled "Acting Ageing and Quality Caring". Its publication two months ago coincided with the EU's selection of 2012 as the European year of active ageing and solidarity between generations. Europe's populations are ageing quickly as a result of low birth rates and increasing life expectancies. Here in Ireland, people are also living longer and have more years of healthy active living than previous generations enjoyed. As the lifespan of older people extends, the frailties and disabilities which affect them need a caring, effective response. As Ireland becomes a more urban society and more socially fragmented, social isolation and its many negative impacts on older people need to be recognised and countered. Only last week we saw the tragic case of two gentlemen in their 80s in Williamstown in north Galway who were beaten up and robbed. One of them even suffered a stroke after confronting the robbers and is still in hospital in Ballinasloe. What kind of a society are we living in? This should never happen. Those living in isolation need to have instant contact with the Garda Síochána.

Today, a woman who reaches the age of 65 years has an average life expectancy of 20 further years while a man can anticipate 17 additional years of life. We have an ever growing number of older people in our midst. They are projected to double in number from some 500,000 today to 1 million in less than 20 years according to EUROSTAT data and projections for 2030. The majority of older people who reach the age of 65 years can look forward to many years of healthy, active ageing. Public policy must respond to this extension of active ageing in the workplace and the community. As the lifespan of older people extends into years not experienced by previous generations, a minority are affected by illness and disabilities associated with ageing which require special care. Most can remain at home given proper support. It should be the overriding objective of public policy to ensure the supports available - family, State, voluntary, community - can help them to stay in their own homes. Does anyone wish to end up in a nursing home? It reflects badly on society that so many people are in nursing homes. In the past families looked after older members who gave their experience and wisdom to the younger members. The new nursing home arrangements for care of the elderly are a significant sociological change that is not good.

It is time to recognise the potential of our ageing population to contribute to and enrich our society in many diverse ways given their talents, experience and wisdom and the many years of healthy life expectancy which most can enjoy. Equally, their human rights as citizens must be affirmed and the many forms of discrimination on grounds of age against them exposed and eliminated. The policies set out in this document are founded on these two principles. Fianna Fáil will introduce legislation to ban mandatory retirement at 65 in the private and public sector. Making people retire at 65 is a denial of human rights. This mandatory retirement was introduced over 100 years ago by Bismarck when average life expectancy was 40 years of age. People should have the right to stay on in their jobs, if they so wish. It is a logical move. People who continue to work continue to pay tax and we already have a serious issue with pension funding. The UK and Northern Ireland have introduced legislation which allows people to stay on in work after 65. Like everything else, we are always slow to take on a new initiative.

I want to personally thank the Minister of State for all she is doing for Ireland.

Photo of Martin ConwayMartin Conway (Fine Gael)
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I wish to share time with Senator Cummins.

Photo of Denis O'DonovanDenis O'Donovan (Fianna Fail)
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Is that agreed? Agreed.

Photo of Martin ConwayMartin Conway (Fine Gael)
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Cuirim fáilte roimh an Aire. I also welcome some of the stakeholders in this report who are in the Visitors Gallery. I thank them for engaging in this new process for the Seanad and the Oireachtas making this a public consultation in the true sense of the word. These stakeholders experience the difficulties and challenges faced by those involved in care of the elderly. There is an opportunity to make older people's lives better. This report is a reflection of their aspirations and it is a healthy exercise. The Seanad has already embarked on other reports in other areas.

Some of the report's recommendations are practical and aspirational. I commend the Minister of State's comprehensive and realistic response to the report. The positive ageing report will be published later this year and I am glad this Seanad report will feed into it. Ireland has played a very important role in fulfilling UN obligations. While it may be aspirational to seek a UN convention on the rights of older people, at least we have called for it. Ireland will hold the EU Presidency next year which will give us a platform to advance that call. The reality is the world population is ageing and the UN will have to face up to the need for a charter of rights for older people. On the point about habitual residence, the Minister stated each case is dealt with on an individual basis.

The report took a holistic approach to the issue and examined the practical, as well as aspirational aspects of care for older people and what people wanted in this area in the future. When people get older, they naturally develop disabilities or impaired mental capacity. The Minister of State has spoken about being careful in the use of language. She is very much in tune with the importance of the use of language, and I welcome that. I know the heads of that Bill have been discussed at the Oireachtas joint committee dealing with justice matters. We are heading in the right direction and we will see significant movement.

The Minister of State has given an initial response and I hope that later in the year, when we consider the positive ageing report that is to be published, we can have a more detailed and advanced response. Perhaps the Minister of State will take time from her busy schedule to come back to the House for a more in-depth discussion. If it is relevant to other Ministers, we could develop an ongoing process.

Photo of Maurice CumminsMaurice Cummins (Fine Gael)
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I welcome the Minister to the House for this discussion on the Seanad Public Consultation Committee's report on the rights of older people. When the 24th Seanad assembled last year, there was overwhelming support across the House to improve the way the Seanad works and make it more relevant and accessible to the public at large. To that end, the public consultation committee was created, which constitutes a strong addition to the overall committee system and brings the Seanad closer to the citizen by allowing community representatives to appear before the House.

It was decided by the public consultation committee that the rights of older persons in Ireland should be the theme of the first project, and the choice was endorsed by all Members of the House. The report was compiled following widespread consultation by the committee with various stakeholders in the area, and in the following interesting sessions, the Members were addressed by experts on the floor of this House. In a time when the country is facing massive change and the sand seems to be shifting beneath our feet all the time, it is only right and proper that the more senior members of our society have the ear of public representatives so their needs can be heard and, we hope, met. The generation who laid the ground work to lead us to prosperity in the recent past and who have subsequently been in many cases unfairly affected by the economic turmoil of recent years deserve to have that contribution and sacrifice recognised.

Submissions were received from a diverse range of bodies and organisations, and recommendations were made concerning a host of items pertaining to the lives of older people. Having passed this report to the Minister of State and knowing her dedication and commitment to all aspects of the portfolio, I am confident some of the very worthwhile recommendations made in the report will work their way into policy and legislation in future.

As Leader of the House I can say that none of us is seeking personal recognition but we are honoured and proud as a body to have the work we have completed here translated into real outcomes for the section of society we all agree is deserving of special attention from politicians and policymakers alike. I compliment Senator O'Keeffe and Senator Zappone in particular on their work in compiling this report. The committee worked very hard and the two Senators worked above and beyond the call of duty in formulating the report.

I thank the Minister of State for her very comprehensive response to the report, which is much appreciated by the House. I welcome the fact the positive ageing strategy will come later in the year, and it should be welcomed by all organisations involved in the care of the elderly. As Senator Conway mentioned, I hope when the strategy is published that the Minister of State will come before the House to respond to it.

Photo of Katherine ZapponeKatherine Zappone (Independent)
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I acknowledge the Minister of State's personal commitment to this issue and echo the sentiments of my colleagues in thanking her for a very comprehensive response to the report put together by the consultation committee. Today's debate, if anything, hopes to inject a sense of urgency into the various issues for older people. I am somewhat disappointed as I do not get a sense of urgency in some of the comments of the Minister of State. Her contribution was comprehensive but I worry about its sense of urgency. I have some questions and comments on the Minister of State's contribution, and I hope she can respond to those questions at the conclusion of these statements.

I will begin with the comments made by Senator Cummins and Senator Conway in acknowledging the statement on the national positive ageing strategy. Work on that strategy has been ongoing since 2006, and the Government programme has promised to complete and implement the strategy for older people so they are recognised, supported and enabled in living independent lives. We need this publication of a national framework which aids effective policy planning sooner rather than later and a co-ordinated and coherent approach is essential so that the rights of a growing number of people in the population are sufficiently protected.

The Minister of State may be aware of an opinion piece in The Irish Times today written on behalf of Older and Bolder which referenced this national positive ageing strategy. It stated that the official approach to the strategy has been lacklustre, and the cross-departmental group of civil servants and non-governmental organisation liaison groups set up to assist the Minister of State and her officials are simply not functioning. I heard the Minister of State indicate she hoped the strategy would be published by the end of the year but I wonder if she can be more specific. Is she certain it will be published before the end of the year and could she specify when it will happen? That is my first question to encourage a sense of urgency in the issue.

In her opening comments the Minister of State referred to the right to home care and community services. In the report we indicated that research has shown that the majority of people wish to remain at home in their older years, and the Minister of State has indicated that as well. Under the Health Act 1970, citizens have a right to an inpatient hospital bed but there is no comparable right to home and community care services available on a discretionary basis.

Our report highlighted the trend towards reducing the supports available to people to remain at home, although these are more cost effective than institutional care. The number of home help hours provided to older people will be cut by 4.5% and the disability services budget will be cut by 3.7%. A number of nursing homes will be shut down, as well as an unspecified number of public hospital beds, meaning there will be a greater emphasis on diverting older people to private nursing homes. We also mentioned that a large number of hospital staff retired from the health service, which makes home care services even more important. We must ask again today how our most vulnerable older people will be protected in the midst of all these cuts. The Minister for Health must make good on the commitment in the programme for Government to provide adequate and effective care in the community.

The Minister of State may also be aware that in 2011, the Ombudsman, Ms Emily O'Reilly, observed that people do not know where they stand in terms of entitlements and HSE obligations to provide services. Our committee heard evidence that it is difficult to obtain information about services and reliable access to them at critical points. An example would be on discharge from hospital or at the onset of a disability. Eligibility criteria for home care services are not published in a coherent way. Our report is simply calling for clarity around the availability of entitlements for older people, and that those entitlements be given a statutory footing. Without the necessary legislation, access to services is difficult, discretionary and unequal.

Furthermore, the report states that the HSE should make more use of the HealthStat performance information system to audit the existing services and provide more information about the HSE services available in the community. An audit of community care services by HealthStat could have helped to identify the deficits and planned for the future of community care. Can the Minister of State indicate if home care entitlements will be placed on a statutory footing and whether the audit we recommend will take place?

The Minister of State and Senator Conway, among others, referred to the UN treaty. It was noted a UN working group is considering the drafting of a United Nations treaty on the rights of older people but that there is little enthusiasm for this. Perhaps there is a lack of enthusiasm at some of the meetings but a man who gave expert evidence to our committee, Professor Gerard Quinn from the centre for disability law and policy in Galway, does not lack enthusiasm, nor does his team. He was one of the main drivers behind the UN Convention on the Rights of People with Disabilities. He highlighted to the committee that older people are seldom explicitly mentioned in existing international human rights treaties and that this lack of explicit mention makes it difficult for universal rights to be equally as effective for older people as for other groups. The main point of a new treaty would be to tailor the general rights to this particular population, as we did with women and disability. The tailoring of a treaty in this case would ensure the rights of older people could be more effectively enforced through the UN system. Will the Minister of State to tell the House whether the Government will support our recommendation to support the drafting of this treaty in light of the comments we have put forward in response to the report? From our perspective, there is a need for this type of treaty, in the same way we need a treaty for women, ethnic minorities and those with a disability.

The Minister of State made some detailed remarks on the legislation relating to mental capacity. Evidence was presented to the committee on the subject of legal capacity and, as the Minister of State pointed out, there is an international trend away from laws or policies based on deficits or what people cannot do towards the concept of support to enable people to maintain independence and to stay in charge of their personal destiny. There is a lack of up-to-date legal capacity legislation and that is one of the barriers to the ratification of the UN Convention on the Rights of People with Disabilities.

I commend the Minister of State on noting that we must be attentive when it comes to language. Perhaps the name of the legislation might be changed to include the phrase "assisted decision making". I like that. "Legal capacity" refers to a person holding and exercising rights with assistance or support if need be. Perhaps legal capacity legislation could be made distinct from mental capacity legislation. I welcome the Minister of State's commitment that the legislation will be published in the current session.

Photo of Marie MoloneyMarie Moloney (Labour)
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I welcome the Minister of State back to the House. Mr. Seán Dillon from Older and Bolder is also present, as are the former Lord Mayor, Michael O'Halloran, and Mrs. Connolly, who have come in to listen to the debate.

I welcome the report's recommendations. There is not much to argue with in the report. I hope we will do our utmost to achieve the optimum in protecting and enforcing the rights of older persons. As people are living longer, our older population is increasing. It stands to reason that we restructure and adapt to support such a huge demographic change. I believe by implementing the national positive ageing strategy, we will go a long way towards facing up to and alleviating the trials and challenges older people face today. I have discussed this issue at length with the Minister of State on occasions and I am aware the strategy is at an advanced stage. It will be published before the end of the year, which we welcome, and we will debate the issue again, no doubt when the strategy is about to be published.

Older people should be viewed not as a hindrance but as a huge advantage and resource to society. Older people contribute to society in many ways, through paid and unpaid work, caring roles and as skilled and knowledgeable members of our community. They are the people who have built our country, reared their families, paid their taxes and contributed hugely to society, and now it is our responsibility to ensure we do all we can to make life as easy, as comfortable, as stimulating, as healthy and as fulfilling for them as possible. The intention behind the strategy is to put in place arrangements that would ensure issues affecting older people are mainstreamed in policy making at all levels and across all sectors.

Creating a programme for older people that works takes cross departmental co-operation. We need co-operation from all sectors to ensure a viable, cohesive, sustainable and positive strategy is created and implemented.

Our number one priority must be the publishing and implementation of the positive ageing strategy but there are other issues that I would like to highlight, such as the effect on pension entitlements following changes in the Social Welfare Bill. While I agree with the changes, as the more a person works and contributes, the larger his pension should be at the end of his days, there is one sector of society that these changes will affect through no fault of their own: the women who had no choice but to give up work when they got married under the marriage bar. These women were obliged to give up their job the minute they got married and many of them returned to the workforce when their children were reared, but under new legislation their reduced yearly average will result in a reduced contributory old age pension. I have written to the Minister for Social Protection seeking home maker's credits for these women. It should be easy enough to verify their years as home makers by the children's allowance or by birth certificates. These women whose careers were nipped in the bud are owed something in return.

The age-friendly initiative currently being undertaken in Dundalk should be extended to all towns in Ireland. Louth will be the first age-friendly county in Ireland, and I hope it will lead the way for others to follow. The thinking behind this new strategy has been strongly influenced by the World Health Organization's guideline for age-friendly cities. This strategy can be applied to communities of all sizes.

We should be moving towards a model of care in the community. It is a priority, in so far as possible, that older people continue to live in their own homes. Older people should be able to live in safety and peace, not in fear of being broken into or attacked, as happened in the horrific stories we were alerted to in recent weeks of two sisters and a brother in Limerick and, again last week, of the two brothers in Galway, innocent and vulnerable people who were subjected to horrific, mindless and sickeningly vicious attacks. Safeguards in the form of panic buttons, community alert schemes, senior alert schemes and, above all, harsh penalties for those who commit these horrendous crimes must be looked at. Unfortunately, with increasing lack of confidence in the banking system, some older people are once again reverting to keeping their money at home, which unfortunately makes them targets for such scumbags, if I can use such a word, who resort to intimidating, robbing and violently attacking them in their homes.

Photo of David NorrisDavid Norris (Independent)
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That is the perfect word to describe them.

1:00 pm

Photo of Marie MoloneyMarie Moloney (Labour)
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Another area I believe is vital in supporting older people is education. Informing the elderly of their entitlements is very important as many do not know their entitlements. This is highlighted in the national positive ageing strategy, and rightly so. Many older people would benefit from basic computer classes and, in many cases, classes in the use of mobile phones and texting. In a world which is increasingly technological and digital, and where a password or PIN is required to undertake even the most basic transaction, taking the fear away from this would be greatly beneficial and, perhaps for many, life enhancing. These types of courses could be given in a local setting, such as community centres, resource centres, active retirement meetings or day care centres, at very little cost.

Clarity of available entitlements for older people is a must and I am glad this is picked up in the Seanad report on the rights of older persons. It is crucial that older people have access to this type of information and are fully aware of their entitlements.

Access to rural transport is a necessity, especially for elderly people living in the countryside. As the Minister of State said, the recommendation of the taxi voucher is likely not to go ahead so the service is even more valuable as it provides an outlet for people, is inclusive socially and lessens the risk of people feeling excluded and depressed. It has the knock-on effect of lessening the risk of suicide. Social isolation is a huge contributing factor in suicide, particularly in rural Ireland, and funding for the scheme must be maintained as much as possible. Such transport schemes provide the only means that some people have of reaching their day care centre, pick up their pension, visit their GP or simply interact socially.

There are many measures that would help the elderly that incur little or no cost. For example, if people on jobseeker's allowance gave one day per month to their community. That is not too much to ask. A person could cut the grass and hedges, paint houses or chop some wood for the elderly. Organisations like youth clubs, the girl guides and boy scouts could undertake projects to help the elderly. We, as a society, must revert to the old tradition of dropping in on neighbours for a chat or a cup of tea, checking if a person needs something from a shop or just see if they are okay. We owe older people a decent standard of living and providing for their needs is a key priority for the Government. What is meant by the term "older people" is a matter of judgment. Growing old must be looked on positively and not shrouded in negativity. The national positive ageing strategy addresses important issues and it is up to us to implement its findings when published. It is the least we can do to help older people enjoy the quality of life they deserve.

Photo of David NorrisDavid Norris (Independent)
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I welcome the Minister of State to the House and she is a rare jewel in the Government. I wish to share my time equally, with the indulgence of the House, with my colleague and friend, Senator Feargal Quinn.

Photo of Paul CoghlanPaul Coghlan (Fine Gael)
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Is that agreed? Agreed.

Photo of David NorrisDavid Norris (Independent)
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I wish to acknowledge the presence in the Visitors Gallery of an old friend and former Lord Mayor of Dublin, Mr. Michael O'Halloran. We need to adopt a positive view and a bit of vision. Mr. Michael O'Halloran showed vision by founding the Irish Senior Citizens' Parliament. We need to think not just in terms of a medical model, although it is terribly important, but also in terms of the positive aspects of ageing and how elderly people can be facilitated. I must declare an interest because I am an OAP, old age pensioner, without the "P", to which I am entitled, because I did not take my contributory pension. I did take the bus pass which is extremely important because it is practical. Another practical idea is encouraging older people to contribute to their community, helping them to return to education, return to college and to participate. We must remember that however old one is, one is still a citizen. We must recognise the citizenship of the elderly and the importance of their participation in society. The more they participate the more curious they are, the more they will be involved, the better quality of life they will enjoy and the longer they will live. It is important that we support elderly people in this way.

I welcome the report as far as it goes. It seems to be a good one. I agree with my colleagues that spoke previously when they asked for the national positive ageing strategy to be published urgently. It is significant and I ask the Minister of State to give a commitment on its publication if she has not already done so.

Community and care services are fine as long as people know about them. Information must be made available in order that people can access them. Very often people simply do not have information. I remember having the same battle many years ago when citizens advice bureaux were closed by a previous Government. It was the meanest cut of all because the closures were used to stop people availing of services to which they were entitled. There should be clarity and it should be statutorily based. I am relying on an extremely good briefing by Older and Bolder that is in the classic Albert Reynolds format of just one page. The organisation called for health staff to carry out an audit. It would be very useful because then we would have information to act on. I also agree with its call for a register of professional home carers. The Minister of State knows of an instance because she responded brilliantly to a case on carers that I raised with her. There are cases where carers have language difficulties. They simply cannot communicate because they do not know the English language. There is also a lack of qualifications, a lack of understanding, the giving of inappropriate medication and turning up drunk for work. We need to have information on the quality of services provided because sometimes the families are heartbroken by the poor quality of a care provider.

With regard to the question of legal consent and respect, that is fine but let us have it in practice. I have raised the issue for constituents. As the Minister of State will know, people were evicted from the Bethany Home, Carlow, by HIQA and the HSE against their consent which was a legal requirement and without the consent of their families. They were just turfed out. The home was not in a bad condition. The same happened at a centre in Abbeyleix which I visited and viewed. Unfortunately, I was given directions to travel through Carlow but I should have known better and listened to my good Laois instinct. Again, it is a superb facility and the Minister of State knows of it. The facility has had a little remission that I would like to see continued.

I wish to refer to the Cottage Hospital on Valentia Island where a community exists and people visit their hospital residents, including the two residents that do not have relatives. There was a proposal to split the residents up and disperse them on the mainland thus destroying their island community. I have made the argument before but I shall not repeat myself because I want the Senator to have his full time.

Photo of Feargal QuinnFeargal Quinn (Independent)
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I welcome the Minister of State and I thank Senator Norris for sharing his time. I know that Older and Bolder is concerned about the national positive ageing strategy and the Minister of State referred to it as "forthcoming". The organisation is concerned whether it will happen this year. A commitment was given. Will it be implemented this year? I listened to her presentation and read it later but I did not see a date mentioned.

One message that we need to convey to people is the huge benefit provided by older people, particularly in employment. In the company that I ran for many years I had a strategy of keeping people working, or giving them an opportunity to work, because of their experience, the example they set for younger people and their abilities. My company benefitted greatly from the measure and I want to convey the message to employers that compulsory retirement at 65 years is disastrous and wrong. I can think of Betty O'Reilly who works in Superquinn, Sutton. She is 82 years of age and I know that because I was invited to her 80th birthday two years ago. She does not work every day but comes in a few days each week or for a few hours. It is a privilege to see her enthusiasm, ability and the example she sets for others. I am also reminded of John Davitt who worked in the Superquinn branch in Ballinteer. He approached me early in December 1993 to say that he and his wife had decided that when he reached 65 years on 31 December he would finish working. He also took the opportunity to tell me that he had worked in many jobs beforehand but for his last nine years he had not lost a day at work. He said that from the age of 56 to 65 he had looked forward to going to work every morning and he often looked at his watch in the evening expecting to see 4 p.m. only to discover that it was 6 p.m. His days at Superquinn always went faster than he thought they did. Sadly John died on Christmas Day that year, just six days before he was due to retire and his wife died three days later so staff at the Ballinteer branch had to attend two funerals. The benefit he gained, even at that age, was great. In the mornings he always looked forward to going to work and so do many others.

Earlier Senator White talked about the retirement age. At present there is no statutory retirement age for employees in the private sector here although many written employment contracts, including those in the public sector, specify a retirement age of 65 years. Many other employees apply what they call a "normal" retirement age which is founded on common practices within a particular sector. I am not talking about forcing anybody to work up to or beyond a certain age. I am talking about where a person is able and willing to continue working but is prevented from doing so by a compulsory retirement age. There should not be a compulsory retirement age. It is particularly important as a new Eurobarometer survey has found that almost three quarters of Irish people want to work after they reach 65 years of age and more than half of those surveyed are against a compulsory retirement age. On that basis a compulsory retirement age should be removed from legislation.

Photo of Caít KeaneCaít Keane (Fine Gael)
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I agree with the positive comments made about older people in society, especially that we owe them a huge debt. Society would not exist without older people, and showing respect to them is a must. I will put as questions the statements I had intended to make.

First, will the Minister of State make a statement on the training of undergraduates for nursing and gerontology? Following the submission of the review group findings, the Department and the Higher Education Authority are to lead any changes required in the delivery of the nursing and midwifery programme in the higher education system. Are contacts being made with the higher education facilities and the authority to ensure that programme is ready to proceed when that comes in?

Second, Nursing Home Ireland made a submission to the Department in January as part of the review of the nurse training process. It states there is insufficient exposure of nursing students to appropriate person-centred gerontology and limited exposure to private health care environments, especially private voluntary nursing homes. That is easy to arrange. It will not cost the earth, and we should not have to wait too long or wait for reviews or publications to try to get representation for voluntary private nursing homes en bloc.

Third, I welcome what the Minister of State said about the national positive ageing strategy but she said it will not be an operational plan. Will she explain what she means by that because we need to get processes into operation? We have had enough consultation, surveys and so on. The Minister of State might tell me what the plan will be when it is published.

Regarding the mental capacity Bill, I welcome the name change referred to by the Minister of State. There is a recommendation that clarity and availability of retirements for older people be made a priority. There is a pressing need for legislation to establish a clear right to community care versus an aspiration. There is a need for an audit of community care services. Some nursing homes have applied to HIQA. Persons aged more than 65 years of age will be taken but there is no flexibility for a person of 64 years of age. There are huge issues here. I have six or seven questions but as my time has expired, I will send them by e-mail to the Minister of State.

Photo of Maurice CumminsMaurice Cummins (Fine Gael)
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I propose an amendment to the Order of Business, that the Minister of State be asked to reply at 1.30 p.m. and conclude at 1.40 p.m. to allow an extra ten minutes.

Photo of Paul CoghlanPaul Coghlan (Fine Gael)
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Is that agreed? Agreed.

Photo of Colm BurkeColm Burke (Fine Gael)
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I welcome the Minister of State and thank her for taking a proactive approach to elderly care and keeping people at home for as long as possible. That is very important. One of the problems in this area, particularly in 2004, was a reactive approach to elderly care rather than a proactive approach. The Maud McInerney case in 1978 set out clear guidelines on certain issues, yet there was no response from the Department for a further 26 years. This is the time to plan not only for the next five years but also for the next 20 years. The report presented today is constructive and takes into account the views of the organisations that represent the elderly.

I refer to the issue of home care and the need for regulation in that area. The Law Reform Commission has produced a report and has suggested a way forward. Is there a timeline in regard to taking on board that report? It is not something that can be pushed down the road for action at a later date. People are living longer, as many speakers have said, and the number of people over the age of 65 is continuing to grow each year. It is an issue on which there is a need for forward planning. What are the views of the Minister of State on the Law Reform Commission report in that area?

Photo of Marc MacSharryMarc MacSharry (Fianna Fail)
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I welcome the Minister of State, who is the most regular visitor to the House, and commend her on her efforts. It was a retrograde step on the part of the Government not to appoint a Minister with specific responsibility for older people, as we did on the previous occasion. In fairness to the Minister of State, she is almost a Minister for everything in the areas of mental health and older people.

Photo of Martin ConwayMartin Conway (Fine Gael)
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We are lucky to have her.

Photo of Kathleen LynchKathleen Lynch (Cork North Central, Labour)
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I thank the Senator.

Photo of Marc MacSharryMarc MacSharry (Fianna Fail)
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I am not sure it is fair to her or them to expect her to comprehensively cover all these areas, despite her valiant efforts to do it well.

I am glad to have the opportunity to make a few points. I commend the work of Senator Zappone, Senator O'Keeffe and the various other people. I commend also Senator Mary White on the substantial document she produced in the context of care for the elderly. As a colleague has said, the stones on the road know what needs to be done. We welcome the representative from the Senior Citizens' Parliament, Mr. Sean Dillon from the Older and Bolder campaign, and others who have taken the time to listen online and elsewhere. There is no mystery in respect of what needs to be done. That is clear. We need to publish the path. Nobody is stupid in the sense that we all know there are constraints on the public purse. While a strategy may be published, it will not be possible to achieve everything in the first week, month or five years. That is fine. Let us publish it. In the previous Government I was critical of the fact that while it had the aspiration for a carers' strategy, it chose not to publish it because it had no budget for its implementation. Why have a plan we could not follow? I take the other extreme. That is like telling a business that whatever it does, it should not have a strategic plan because it will never achieve it. Nothing is surer than if the plan is not published, it will never be achieved because there is nothing to target.

I ask that the report be published as quickly as possible. The consultation phase ended in November 2010. Since then various civil servants are passing it from one drawer to another for fear it might get published because it would increase their workload in terms of what they are expected to do, to get more for less, to reorganise things, and to connect boxes that are not connected in a way that can help the elderly. Let us try to move it forward quickly. The net cost for implementation of our proposal is €60 million, which is a large sum in the circumstances. I ask the Minister of State to explain to the people what the Government proposes to do to improve the lot of the elderly.

In the report, we recommend not cutting the pension, changing housing aid for older people to include personal alarm systems, and issuing a medical card to everybody who has had a diagnosis for end of life. To pay for that we suggest putting to working people that if they pay an extra amount, this is what we will be able to do. When it comes to care of the elderly or the good education of the youth, most of us would be happy to contribute a little more if it was put to us.

In preparation for today I put on Facebook that the debate was about to take place. I have received a couple of comments from older people which I promised to raise. The fastest growing use of Facebook is by the over 55 age group. One suggestion was that people visit the elderly. What is being done with all the unemployed people? Could it be put to them that they voluntarily visit the elderly? There is a huge amount of fear in regard to the travel pass and the pension. I disagree with the new proposals in terms of the contributory pension and they should be revisited. If it was up to the Minister of State, notwithstanding the fact she has to work with her colleagues, it would not happen. I ask her to look at that.

The Minister of State concluded by saying the strategy, when published, would be a consultation piece. Please do not let it be that. Let it be a roadmap we can follow and let us all work together to secure the resources to ensure we can do it.

Photo of Mary MoranMary Moran (Labour)
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I wish to share time with Senator Kelly.

I warmly welcome the Minister of State to the House again and I commend all those who have put tremendous work into producing the report. I am fortunate in that I happen to live in County Louth, the first county in Ireland and one of 33 areas worldwide to meet the criteria of the WHO Global Network of Age-friendly Cities and Communities. I have been fortunate also in recent months to have had the opportunity to witness at close hand the work being done, in particular in Dundalk which aims to make it a great place in which to grow old. Following my meetings with the team in the Netwell Centre of the Dundalk Institute of Technology and the presentation the centre gave in the Oireachtas audiovisual room at the end of February, I have become increasingly aware of the potential that exists to ensure Ireland becomes one of the greatest countries in which to grow old. We must recognise, first, that people of all ages benefit when communities are designed to be age-friendly and older people live healthy, active and fulfilled lives. The Minister of State has visited the Netwell Centre and witnessed the excellent work done there.

In compiling this report, two major themes emerged from the submissions: the need for the rights of older people to be enshrined formally and recognised and the need to support and encourage independent living at home for as long as possible. Sometimes, listening to media reports, one would think the majority of elderly people spend their latter years in residential care, but this is far from the truth. The majority of elderly citizens live at home, which is where they choose to live. It must be ensured this choice is available to everyone who wants it by supporting the elderly in their communities through ensuring services and supports for them are made more responsive, caring, professional and accessible through imaginative and cost-effective partnerships.

It is one thing for these services to be available, it is another to ensure people are aware of their entitlements and how to access this support and assistance. Older and Bolder, in its submission, drew attention to the issue of information and accessibility to services. One of the main focuses of the Nestling Project in Dundalk, a project I would advise everybody to look into if they have an interest in this area, is to contact elderly people through home visits, groups and the dedicated volunteer telephone line, Good Morning Louth, which was set up recently to keep in touch with the elderly. These contacts ensure information is relayed about services and entitlements. Underpinning this through legislation is the only way to ensure access to services and community care becomes a right for the elderly rather than the minefield it is.

Photo of John KellyJohn Kelly (Labour)
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I welcome the Minister of State to the House. Having worked with older people for 28 years as a community welfare officer, it is obvious they want to live at home for as long as possible. My experience over recent years has been that home care packages have not been funded properly and that home help hours in my county would be better described as home help minutes. I made a proposal to the Minister for Health in the House previously to make greater use of community employment schemes to provide home help. The cost would be minimal. Carers are employed under the rural social scheme and the same should be done under community employment schemes.

The mindset in the Department of Social Protection regarding medical referees for carer's allowance applications is to refuse everything. People are being put through enormous grief.

I met a young man recently who gave up his job ten years ago to look after this mother. Thankfully, she is still alive but now he is being told by her public health nurse that her incontinence pads will be rationed, even though she has a medical card. It is a huge issue and I acknowledge the Minister of State will take on board all the issues we raise.

Photo of Marie Louise O'DonnellMarie Louise O'Donnell (Independent)
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I also welcome the Minister of State in whom I have great faith. The Taoiseach's nominees imagined the notion of the Seanad Public Consultation Committee. We might not have been the first to imagine it because "there is nothing new under the sun", as John Donne said, but it was brought about by the Leader and the House itself. The first consultation was on the rights of older people, and some of the stakeholders are in the Visitors Gallery. Sometimes, I feel they should be in my seat because they know more than us from their experience, knowledge, inspiration, history, productivity and communication. I was nominated a Senator to represent, to be a conduit, a voice, a doer or a champion and to legislate. The Minister of State has the privilege of being appointed as an implementer.

The rights of older people to primary community and continuing care services and in all aspects of their lives as they age with grace and dignity is no longer a priority of conversation. We can no longer argue it is a priority of cost in the context of the uselessness and incompetence of the banks and the money we put into them but it must be a priority of implementation.

I would like to make two points. The first is I will be 60 in September and I do not know how that happened. It is like I woke up one morning and I was 60 in a flash, although I feel 37. My mother is 89 but she thinks and laughs like a 50 year old. Life passes quickly and it is only when one reaches one's 50s and 60s that one realises this. I associate two words with ageing, one of which is profundity. That word is there because it is about a life well lived and all that implies. The other word is "urgency". I do not feel a sense of urgency in the Seanad, although it may be in the back of our heads, regarding the implementation of the strategy for positive ageing. Urgency is needed because nothing can keep at bay age and age's wrinkles, which is a marvellous line from Hopkins. In other words, it is urgent and crucial that the strategy be implemented; that primary community and continuing care services be put on a statutory footing for all elderly people; that people grow old in their own homes and have access to all the services that make that possible; and that this becomes their statutory right.

I have been in the House for one year and it has been a great privilege, but when I worked in third level education, I became used to achievement and the finishing and implementation of goals within specific deadlines - work well done and seen to be done - because after three years, a student had to be crafted, formed and educated to go out into society, look up and contribute in whatever way. I find that this does not happen in politics but it should. I have a belief in the Minister of State that she might be able to reverse that trend in the context of older people. She, of all people, may be able to do that and insist that the public consultation committee recommendations be implemented as a priority and not take "No" for an answer. If we cannot look after our old, we cannot look ourselves. The recommendations are as urgent as age and ageing.

Photo of Paul CoghlanPaul Coghlan (Fine Gael)
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I call Senator Cullinane who has until 1.30 p.m. to make his contribution.

Photo of David CullinaneDavid Cullinane (Sinn Fein)
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Could I ask the Leader to give me four minutes, if that is possible?

Photo of Paul CoghlanPaul Coghlan (Fine Gael)
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If you go fast enough, you never know what might happen.

Photo of David CullinaneDavid Cullinane (Sinn Fein)
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With respect, the process in the House is that we engage with people outside the House. Parties, organisations and people who are represented in this House should be given the same opportunity.

I commend the report and the work undertaken to bring it about. It also highlights the role a second Chamber can undertake and I have long made the point that the Seanad can be a place to give us a unique opportunity as public representatives to engage with the public and people of expertise. It is to be hoped this will happen in the long term as part of Seanad reform.

I agree with the bulk of the report's recommendations. In particular, Ireland can take a leading role in the advancement of the UN convention on the rights of older people. This is a significant gap in the UN's body of treaties and it is clear from other treaties such as the Convention on the Elimination of all Forms of Discrimination against Women and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment that such conventions can play a positive role in advancing the rights of vulnerable groups.

The Minister of State referred to mental capacity. Whatever about the language used, we are all agreed that this is an area which has caused consternation over the years and must be reformed. That reform must apply not merely to older people but to everybody.

I welcome the recommendations contained within the report to revise the area of wardship, a Victorian concept that is no longer fit for purpose. I also find much to recommend in the proposals relating to quality standards for home care packages, health statistics audits for community care, a greater degree of flexibility in respect of carer's allowance and clarity regarding entitlements for older people.

Unfortunately, the Acting Chairman is indicating that my time is up. I will conclude by pointing out that both Senator Trevor Ó Clochartaigh and I have called on several occasions for the publication of both the national ageing strategy and the national strategy on carers. I look forward to the publication of both of these plans in due course and, more importantly, to their implementation in a properly resourced and effective manner.

Photo of Paul CoghlanPaul Coghlan (Fine Gael)
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There are two minutes remaining for Senator Terry Brennan to make his contribution.

Photo of Terry BrennanTerry Brennan (Fine Gael)
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Cuirim fáilte roimh an Aire Stáit arís go dtí an Teach. Ireland's ageing population presents us with an opportunity to introduce important social and economic initiatives. Spending on pensions, health and long-term care within the European Union is expected to increase by a factor of three by 2050. Europeans are important consumers with a combined wealth of more than €3,000 billion. Older Europeans, including Irish people, will be healthy and active and will participate in employment for longer, contributing their wisdom and experience to value creation.

With 13% of its current population over 65 years of age, my county of Louth is still a relatively young county. However, there is an urgency to be smart about ageing if we are to capitalise on emerging opportunities and leverage the county's leading position as the first age-friendly county in Ireland. As Senator Marie Moloney observed, Louth is part of the World Health Organisation's global age-friendly cities network. I am especially proud to point to it as an example for other counties, cities and towns wishing to adopt an age-friendly agenda. Louth has a plan for its older people which was developed with them, not for them.

People are living longer, with life expectancy increasing at two years per decade or five hours per day. The majority of children born in the developed world this year will live to 100 years of age. In fact, the first person is already born who will live to be 150. Older people represent a rapidly increasing percentage of our population, with the 60 plus demographic set to double in size from 11% today to 22% by 2036. Older people's needs and behaviours are changing fast and we must plan and provide for them.

Photo of Kathleen LynchKathleen Lynch (Cork North Central, Labour)
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I thank all the Senators who contributed to a very useful debate. The reason I come to this House so often is that, although we may differ in our views, it is always an enjoyable experience because there is a more free-flowing discussion than one gets in the Lower House. One always has the sense that Members are engaged. Perhaps my visits here will become a burden at some point in the future, but they are certainly not so at this time.

I commend the Seanad Public Consultation Committee on this report, which will be one of the tools we take forward as we seek to provide for the needs of older people in a coherent way. This debate has reinforced my conviction that older people are like any other group of people. What we have as a diverse group of people when we are younger we carry into later life as we age. People have different concerns and different ways of living at all stages of their lives. We must bear in mind at all times in this discussion that only 4.4% of older people, or 22,000, are in full-time nursing care, with the remainder living in the communities where, in many cases, they were born and reared and where they married, worked and raised their families. We all know these people. They are part and parcel of what Ireland is and who we are. As we age, we all develop disabilities, some of them major but, if we are fortunate enough, less serious ones such as failing eyesight or deteriorating hearing. I am confident we can manage all of this very well.

What is most important is that there be a recognition of older people's contribution rather than a focus on notions of burden and so on. My mother lived to 84 years of age and was ill for only one week - the week before she died - her whole life. Whenever I had a problem or required any particular advice - as the youngest of 11 children, I needed it more than most - I went to her. She either told me not to be silly and stop worrying or she advised me to do X, Y or Z. Older people have a wealth of experience to contribute and I hope each one of us will be able to make that contribution.

Senator Katherine Zappone and others asked when the positive ageing strategy will be published. It would have been done by now but for the Taoiseach's request that I concentrate in the first instance on the carer's strategy. Mine is like any other job. When the boss asks one to do something, one must do it. The plan for carers is now completed and we hope to publish it during the summer. There is a huge amount of work already done in regard to the positive ageing strategy. When the carer's strategy is brought to Cabinet, the departmental officials, who have not, by the way, been simply shuffling the national ageing plan around, will then do the concentration piece in terms of pulling together the type of consultation that is necessary. We are convinced we will be in a position to publish it in October. I am anxious that it be published in 2012, given the year that is in it, but I do not want it to run into the end of November and coming into the Christmas period, which might suggest it had been rushed. That would not be accurate and would not do it justice. Our intention, therefore, is to publish early in the last quarter.

In regard to community-based services, I agree we must begin relocating resources into the community. The advertisements in respect of the review of the fair deal scheme will be in the newspapers tomorrow. A sizeable sum of money is involved and we are considering whether we will extend it to community care. For example, rather than a person having to apply for the fair deal scheme and going into a particular long-stay facility, as good as such facilities are, perhaps that funding could be diverted so that the service is delivered in the person's home or community. We are working closely with the Department of the Environment, Community and Local Government in this regard. Not everybody will be able to spend all of their old age in their own home, but the majority should be able to do so within their community by way of the type of assisted living and decision-making processes we intend to put in place. My colleague, the Minister of State, Deputy Jan O'Sullivan, and I are working on that.

The age-friendly cities, counties, towns and communities initiative offers us a great deal. It is not a money issue but rather a question of planning and taking into consideration the needs of elderly people when deciding where a bus stop should be located, for example. It is about consultation and putting together a forum to listen to what people think about their own place. That is how it comes about.

In regard to the treaty, there will be an opportunity next year when we hold the Presidency but I cannot give any commitments on that. It will be a Government decision but it is not something to which I would be opposed. What is important is the fact we have a President who talks in glowing terms about the contribution people in later life have made to the arts, society and so on. That is something we need to start to beef up and talk about. In that context, maybe we could push the agenda out a little bit.

In regard to legislation on home care, I do not know anyone who could argue about the priorities set in terms of standards, which are children, children in foster care, people with disabilities in residential care and the home care service which will be inspected by HIQA. The children part is being worked on very actively. In regard to the disability issue, we hope to have HIQA roll out those standards by the middle of next year. The home care part should not be too long after that. I worry sometimes that people only hear half the message. It will not be about HIQA going into people's homes but about HIQA talking to the service provider. It will be about language, qualifications, attitudes and so on, which Senator Norris spoke about and which are important.

We have a new helpline for people who feel they are being abused, and it is working extremely well. Those types of safeguards are very important. However, we need to look at other areas. Last week I had personal experience of someone in later life who got notification for a doctor's appointment six months ago and who would have completely forgotten about it but for the fact we put the date in our mobile telephones. The statistics show that 25% of people do not turn up for their appointments. Look at the resources being wasted. A whole team is waiting for this person to turn up. Surely we can use technology. If the older person is not into text messaging and so on - God knows I have difficulty reading them sometimes - he or she should nominate someone who is prepared to take on that function, who will receive the text saying that the doctor's appointment is the next day, and who will say it is important he or she shows up. Let us see where that goes.

Yesterday, UCD published a report on mental health. Five years ago, they asked for a large mix of people to volunteer and then they advertised for people who had a persistent and enduring mental health difficulty to get involved in the programme. Over a five year period, they matched people up and now they have become friends and go to the cinema and go for a cup of coffee. They do the type of things fully functioning people, if that is what one wants to call them, do not like to do on their own. What makes us think older people or people with mental health issues want to do things on their own? That costs nothing. It is about that sort of mix of research and the effect it had on that group of people. I see that being translated to older people as it was such a good and well-developed piece of research.

We will have to take a serious look at the mental capacity legislation or the assisted decision-making capacity legislation. We took a serious look at the legal capacity issue and title. According to the Attorney General's office, we all have legal capacity. It is an entirely different process. Therefore, we had to look at something else. I would not be opposed to the legislation nor to taking a serious look at the treaty. It will be about bringing other people along with us. There are people who advocate in that space who would be as powerful as any politician. Most of the big changes which happen in society come from outside. One is lucky if one has someone on the inside who agrees with one and includes it in the legislation.

I thank the House for the opportunity to speak. Its report will form part of how we go forward.