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

I move amendment No. 78:

In page 21, line 17, to delete "or".

Amendments Nos. 78 and 79 are technical amendments to allow for an extra criterion for invaliding decision-making assistance agreements to be inserted in the section. Amendments Nos. 80 and 81 are safeguards to protect a person with capacity difficulties. They provide that a decision-making assistance agreement will be invalid if the potential decision-making assistant has been convicted of ill-treating or wilfully neglecting the person with capacity difficulties.

Amendment No. 84 proposes an additional safeguard whereby an existing decision-making assistance agreement would become invalid from the point at which a decision-making assistant was convicted of the offence of ill-treating or wilfully neglecting the person with capacity difficulties under section 113. Amendments Nos. 82, 83 and 85 are technical amendments to provide for this extra provision to be inserted in subsection (3) of section 12.

Amendment No. 145 proposes that a person cannot be appointed as a decision-making representative if convicted under section 113 of ill-treating or wilfully neglecting the person with capacity difficulties. Amendment No. 144 is a consequential amendment to allow for this extra prohibition to be inserted into subsection (2).