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

I move amendment No. 99:

In page 21, after line 41, to insert the following:“Complaints

26. (1) A person may make a complaint to the Director concerning one or more of the following matters:

(a) the conduct or proposed conduct of a co-decision-maker, including whether he or she has acted, is acting, or is proposing to act outside the scope of his or her functions;

(b) the suitability of a co-decision-maker in relation to an appointer;

(c) a co-decision-making agreement not being in accordance with the will and preferences of an appointer;

(d) that the appointer did not, at the time of entry into the co-decision-making agreement, have capacity to make a decision to enter the agreement;

(e) that fraud or undue pressure was used to induce the appointer to enter into the co-decision-making agreement;

(f) that the appointer has capacity in respect of one or more of the decisions which are the subject of the co-decision-making agreement without the assistance of a co-decision-maker;

(g) that the appointer no longer has capacity in respect of one or more than one of the decisions which are the subject of the co-decision-making agreement even with the assistance of the co-decision-maker.

(2) Following the receipt of a complaint, the Director shall carry out an investigation and, where he or she is of the view that the complaint is well founded, make an application to the court for a determination in relation to any matter specified in the complaint.

(3) The Director may, notwithstanding that no complaint has been received, carry out an investigation and make an application to court for a determination in relation to any matter specified in subsection (1).

(4) In addition to making a determination pursuant to an application under subsection (2) or (3), the court may—

(a) either of its own motion or pursuant to an application by the Director, order that a co-decision-making agreement be removed from the register, and

(b) make any other order that it thinks fit.”.