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

I move amendment No. 96:

In page 21, after line 41, to insert the following:“Reports by co-decision-maker

23(1) A co-decision-maker shall, within 12 months after the co-decision-making agreement appointing him or her as co-decision-maker has been registered, and thereafter at intervals of not more than 12 months, prepare and submit to the Director a report in writing as to the performance of his or her functions as such co-decision-maker during the relevant period.

(2) Every such report submitted to the Director shall be in such form as shall be prescribed by regulations made under section 27and shall include details of all transactions relating to the appointer’s finances which are within the scope of the co-decision-making agreement and details of all expenses paid to and claimed by the co-decision-maker in the relevant period.

(3) Every such report shall be approved by the appointer in such a manner as shall be prescribed by regulations made under section 27.

(4) Where a co-decision-maker fails to submit a report in accordance with this section or submits an incomplete report, the Director shall notify the co-decision-maker concerned of his or her failure and give him or her such period of time as is specified in the notice to submit a complete report.

(5) Where a co-decision-maker fails to comply with subsection (4), the Director shall 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.

(6) In this section “relevant period” means the period of time to which the report relates which shall be the period between the date of registration of the co-decision-making agreement or the date of submission of the previous report, as the case may be, and the date immediately preceding the date of submission of the report concerned.”.

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