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

I move amendment No. 263:

In page 65, between lines 28 and 29, to insert the following:“Persons who may make applications to relevant court under this Part, etc.

65.(1) An application to the relevant court under this Part (other than an application by the directive-maker concerned) shall be made on notice to—

(a) the directive-maker,

(b) the persons referred to in paragraphs (c)to (i)of subsection (3)(other than any such person who is the applicant), and

(c) such other persons as may be specified in rules of court.

(2) Subject to subsection (3), an application to the relevant court under this Part shall not be made unless the person making the application has received the consent of the court to the making of the application, which consent may be sought by way of an ex parteapplication.

(3) Subsection (2)shall not apply to an application to the relevant court under this Part made by—

(a) the directive-maker,

(b) the Director,

(c) a spouse or civil partner of the directive-maker,

(d) the cohabitant of the directive-maker,

(e) a decision-making assistant for the directive-maker,

(f) a co-decision-maker for the directive-maker,

(g) a decision-making representative for the directive-maker,

(h) an attorney for the directive-maker,

(i) a designated healthcare representative for the directive-maker, or

(j) a person specified for that purpose in an existing order of the court under this Part where the application relates to that order.

(4) An application to the relevant court under this Part (including an ex parteapplication under subsection (2)) shall state—

(a) the applicant’s connection with the directive-maker,

(b) the benefit to the directive-maker sought to be achieved by the application, and

(c) the reasons why the application is being made, in particular—

(i) the reason why the benefit to the directive-maker sought to be achieved has failed to be achieved in any other appropriate and practicable manner taken prior to the making of the application, and

(ii) the reason why, in the opinion of the applicant, no other appropriate and practicable manner to achieve that benefit remains to be taken prior to the making of the application.

(5) In every application to the relevant court under this Part, the applicant shall inform the court of the existence of—

(a) any decision-making assistance agreement, co-decision-making agreement, power of attorney (whether an enduring power or otherwise and whether or not the power is registered under section 46) or advance healthcare directive created by the directive-maker, and

(b) any decision-making order made in respect of the directive-maker,

which, to the applicant’s knowledge, still has any force or effect.

(6) (a) Subject to paragraph (c), a party to proceedings under this Part before the relevant court who retains legal representation for the purposes of the proceedings shall be liable for the costs of the legal representation.

(b) Section 28 of the Act of 1995 shall apply to proceedings or proposed proceedings under this section which relate to section 62(1)or (2).

(c) Where—

(i) an application to the relevant court is made under this Part, and

(ii) the applicant has been unsuccessful in obtaining legal aid in relation to the application because he or she fails to satisfy the criteria in respect of financial eligibility specified in section 29 of the Act of 1995 as read with any regulations made under section 37 of that Act,

the relevant court may, if it is satisfied that the interests of justice require it to do so, order that all or part of the legal costs (if any) incurred by the applicant in relation to the application be paid out of the assets (if any) of the directive-maker who is the subject of the application.

(7) Rules of court shall make provision—

(a) as to the manner and form in which proceedings under this Part are to be commenced,

(b) as to the persons entitled to be notified of, and be made parties to, such proceedings, and

(c) as to what may be received as evidence in such proceedings and the manner in which it is to be presented.

(8) Hearings of applications under this Part shall—

(a) be conducted with the least amount of formality consistent with the proper administration of justice, and

(b) be heard and determined otherwise than in public.

(9) In this section “relevant court” means the court or the High Court, as appropriate.”.