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

I move amendment No. 95:

In page 21, after line 41, to insert the following:"Review of co-decision-making agreements

22.(1) The Director shall conduct a review of each co-decision-making agreement on the Register not earlier than 3 months before and not later than 3 months after the first anniversary of the date of registration of the agreement and thereafter at intervals not exceeding one year.

(2) In conducting a review under this section, the Director shall carry out such enquiries, including, in particular, consulting with the appointer and co-decision-maker as well as any special visitor or general visitor who has had contact with the appointer or co-decision-maker, as are necessary to determine whether—

(a) paragraphs (b), (c)and (d)of section 19(1)continue to apply,

(b) the co-decision-maker is not a person who falls under section 15(2),

(c) the co-decision-maker has effectively performed and continues to be likely to effectively perform his or her functions as co-decision-maker,

(d) the co-decision-maker has complied with the requirements under this Act that are relevant to him or her, and

(e) the matters provided for in subparagraphs (ii)and (iii)of section 18(4)(f)continue to apply.

(3) In order to determine whether the matters provided for in subparagraphs (ii)and (iii)of section 18(4)(f)continue to apply, the Director shall require statements to that effect to be submitted to him or her by—

(a) the same registered medical practitioner who provided the original statement under section 18(4)(f)or, where that practitioner is not available, another registered medical practitioner, and

(b) the same healthcare professional who provided the original statement under section 18(4)(f)or, where that practitioner is not available, another healthcare professional of the class prescribed by regulations made under section 27.

(4) Where, following a review under subsection (1), the Director is of the view that one or more of the criteria in paragraphs (a)to (e)of subsection (2)is not, or is no longer satisfied, he or she shall notify the co-decision-maker and appointer of that view and provide reasons and give the appointer and the co-decision-maker an opportunity to respond within a time period specified by the Director.

(5) Where, at the expiry of the period specified under subsection (4)and following a review of any response submitted by the appointer or the co-decision-maker or both pursuant to that subsection, the Director remains of the view that one or more of the criteria set out in paragraphs (a)to (e)of subsection (2)is not satisfied, he or she shall notify the appointer and the co-decision-maker of that view and make an application to the court for a determination as to whether the co-decision-maker should continue as co-decision-maker for the appointer.".