Written answers

Tuesday, 25 March 2014

Department of Justice and Equality

Residential Institutions Redress Scheme

Photo of Maureen O'SullivanMaureen O'Sullivan (Dublin Central, Independent)
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807. To ask the Minister for Justice and Equality if he will implement the full recommendation regarding the nursing home supports scheme, as outlined by Mr. Justice Quirke, for women still in residential care; and if he will make a statement on the matter. [14146/14]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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Judge Quirke in his 10th Recommendation, having looked at wardship, the schemes provided for under the Residential Institutions Redress Act 2002 and the Hepatitis C Compensation Tribunal Act 1997 among others recommended that a statutory scheme be introduced that would "allow for the appointment of certain persons who are bound to act in the best interests of the vulnerable person and who are subject to supervision and accountable to the court for their actions" on the lines of scheme established under the Nursing Home Support Scheme Act 2009. His recommendation was not limited to women in residential care.

The provision for the appointment of a care representative under section 21 of the 2009 only applies to a person who is incapable of making a decision relating to the making of an application for ancillary State support or consenting to the creation of a charge in relation to an interest in land situated within the State and related matters - all in connection with Nursing Home support scheme.

My understanding of what Judge Quirke intended was that there should be a similar statutory scheme applicable to women who have capacity issues and who fall within the scope of the scheme recommended by him. Such a scheme would not be limited to decisions relating to the Nursing Home support scheme. It is my intention to implement that recommendation.

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