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

This legislation and these amendments, as the Deputy is very well aware, are about allowing people freedom. They may lack capacity in one area but not in another. It is also very much to do with protection. As we know from our experiences, undue influence can often arise in too close a relationship even though people would know one another very well. We need to be careful about that. We have taken on board what Mental Health Reform has indicated.

The section in which the Deputy proposes to insert the suggested text is proposed for deletion as part of the rewriting of the co-decision-making process. For this reason we will not be accepting the amendments. The section as rewritten gives us sufficient protection. It is up to yourself whether you press the amendment, Deputy, but I think the new section, as rewritten, addresses the concerns.

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