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. 152:

In page 38, between lines 8 and 9, to insert the following:“(b) A decision-making representative for a relevant person who has restrained (as referred to in section 27) the relevant person at any time during the 12 months to which such report relates shall include in the report details of each such restraint and the date on which, and the place where, such restraint occurred.”.

This amendment will require that a decision-making representative gives details of any restraint against a person lacking capacity. This is a safeguard reflecting the seriousness of the use of restraint. The aim is that the use of restraint be subject to oversight.

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