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

I move amendment No. 277:

In page 68, between lines 43 and 44, to insert the following:

"Investigations by Director"57. (1) The Director may investigate, either on his or her own initiative or in response to a complaint made to him or her by any person, complaints in relation to any action of a decision-making assistant, co-decision-maker, decision-making representative, designated healthcare representative or attorney for a relevant person which may involve a breach of his or her functions as decision-making assistant, co-decision-maker, decision-making representative, designated healthcare representative or attorney, as the case may be, or a breach of a provision of this Act.

(2) The Director may, to enable him or her to perform his or her functions under subsection (1)—

(a) summon witnesses to attend before him or her,

(b) examine on oath the witnesses attending before him or her,

(c) require any such witness to produce to him or her any document in the power or control of the witness,

(d) by notice in writing, require any person to provide him or her with such written information as the Director considers necessary to enable him or her to carry out his or her functions.

(3) The Director may investigate a complaint even though the person making the complaint may be entitled to bring proceedings in any court with respect to the matter complained of.

(4) The Director may seek resolution of complaints in such manner (including by any informal means) as the Director considers appropriate and reasonable.

(5) The Director shall draw up procedures in relation to the making and investigation of complaints as he or she considers appropriate and shall cause the procedures to be published.

(6) An investigation by the Director under this Act shall be conducted otherwise than in public.

(7) A person who—

(a) fails to comply with a requirement under this section,

(b) hinders or obstructs—

(i) the Director in the performance of his or her functions, or

(ii) one or more of the Director’s staff duly authorised to act on behalf of the Director,

shall be guilty of an offence and shall be liable on summary conviction to a class A fine.".

This new section will give the director the power of investigation. It establishes that the director can take an investigative role in the event of any person - not necessarily the person lacking capacity, the co-decision-maker or the assisted decision-maker - making a complaint to the office.