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. 107:

In page 23, line 18, to delete “appropriate and practicable manner” and substitute “appropriate, practicable and less intrusive manner”.

These amendments Nos. 107 and 108 propose that those making a court application on behalf of a person with capacity difficulties would have to include in his or her statement why a less intrusive option was not and could not be possible. This is to ensure a court application is made only when other less intrusive options have been considered and preferably pursued. This is in line with the Bill's ethos to ensure the least possible intrusion on the decision-making autonomy of a person with capacity difficulties.

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