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

I move amendment No. 295:

In page 70, between lines 22 and 23, to insert the following:"(5) The Director may direct a special visitor or general visitor to visit—

(a) a decision-making assistant, co-decision-maker, decision-making representative, designated healthcare representative or attorney for a relevant person, or

(b) a relevant person for whom there is a decision-making assistant, co-decision-maker, decision-making representative, designated healthcare representative or attorney or in respect of whom an order has been made under section 28,

and, subsequent to the visit, to submit to the Director a report on such matters concerning the person visited as the Director may specify in the direction.

(6) Subject to subsection (7), for the purpose of enabling the Director to carry out his or her functions under this Act, he or she may direct a special or general visitor to—

(a) at any reasonable time, examine and take copies of—

(i) any health record,

(ii) any record of, or held by, the Health Service Executive and compiled in connection with its social services function, and

(iii) any record held by an institution responsible for the care or treatment of persons, including any hospital or other institution for the care or treatment of mentally ill or intellectually disabled persons and any public or private institution for the care of elderly or infirm persons,

in so far as the record concerned relates to a relevant person, or

(b) interview a relevant person in private or otherwise than in public.

(7) Subsection (6) shall not entitle the Director to direct a general visitor to examine and take copies of any health record of a relevant person unless the general visitor is a registered medical practitioner.".

These amendments propose further provisions with regard to special visitors, general visitors and court friends who will have formal roles to support the director or the person with capacity difficulties. Amendment No. 296 provides further detail on the intended role of the special visitor and general visitor. Their purpose will be to assist the director of the decision support service by visiting people with capacity difficulties and those holding-----