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

I move amendment No. 12:

In page 11, between lines 3 and 4, to insert the following:“ “customary occasion” means—

(a) the occasion or anniversary of a birth, marriage or civil partnership, or

(b) any other occasion on which gifts are customarily made within families or among friends or associates;”.

I am sympathetic to Deputy Mac Lochlainn's proposed amendments Nos. 142 and 143. I share his concern that a person should not be appointed as decision-making representatives if he or she has a conflict of interest. However, the legal advice that I have received indicates that the grounds for disqualification need to be very clear so that persons can know with certainty whether they qualify to be decision-making representatives. For that reason, I cannot accept his amendments but I will consider this issue further. I ask him not to press his amendments.

Amendment No. 145 proposes that a person cannot be appointed as a decision-making representative if convicted under section 113 of ill treating or of wilfully neglecting a person with capacity difficulties.

Amendment No. 144 is a consequential amendment to allow for this extra prohibition to be inserted into subsection (2).

Amendment No. 148 proposes a number of additional grounds according to which a person would be disqualified from continuing to act as a decision-making representative. It would not be possible for a person to continue as a decision-making representative if he or she had been convicted of ill treating or wilfully neglecting the person with capacity difficulties. Similarly, if he or she requires any of the support options of the Bill, that is, decision-making assistance, co-decision-making, an enduring power of attorney or a decision-making representative, he or she could no longer act as a decision-making representative.