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

I move amendment No. 51:

In page 16, to delete line 29.

Amendment No. 51 is a technical amendment to allow for new principles to be inserted into section 8. Amendment No. 52 proposes to expand the provisions of (6)(b) of this section to require that all interventions should have due regard to the need to respect the person's control over his or her financial affairs and property. This is in line with the provisions in Article 12 of the UN Convention on the Rights of Persons with Disabilities concerning the equal rights of persons with disabilities in terms of ownership and control of property and financial affairs.

Amendment No. 53 proposes to insert two new subprinciples in subsection (6). The new principles require that any intervention potentially intruding on a person's decision-making capacity should be proportionate to the significance and urgency of the matter needing to be decided. They also require any intervention to be as limited in duration as possible. This is in line with the ethos of the Bill, namely, that any intrusion should be as limited as possible.

Amendment No. 54 proposes to set the obligation that a person who takes a decision on behalf of another person, either formally or informally, should act in good faith and for the benefit of the person in addition to being subject to the other requirements and safeguards outlined in the Bill.