Oireachtas Joint and Select Committees

Wednesday, 17 June 2015

Select Committee on Justice, Defence and Equality

Assisted Decision-Making (Capacity) Bill 2013: Committee Stage

9:30 am

Photo of Kathleen LynchKathleen Lynch (Cork North Central, Labour) | Oireachtas source

I move amendment No. 6:

In page 10, line 23, to delete “mental” and substitute “decision-making”.

The change to the definition of capacity is to remove the implication and the definition is a status-related definition, linked to a person's mental condition. The focus of the Bill is on decision-making capacity as reflected in the Title of the Bill. The definition, therefore, needs to enshrine the functional principle that the capacity to be assessed relates to decision-making rather than to the person's relevant mental condition more broadly.

Amendment agreed to.

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