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

Okay. Amendment No. 297 proposes to amend a typographical error in the Bill. The intention has always been that the court friend could interview the person with capacity difficulties in private and would not have to subject that person to a public interview process. The amendment clarifies that intention. Amendments Nos. 298 and 299 make clear that the primary role of a court friend would be to communicate to the court the will and preferences of the person with capacity difficulties. This is in line with the Bill’s ethos to ensure the person’s wishes are brought centre stage. Amendment No. 300 clarifies that the director of the decision support service will establish panels of decision-making representatives who can be appointed to take decisions on behalf of a person lacking capacity where there is no suitable person available to take on that role. It will also be the director’s role to establish panels of special visitors and general visitors who will be used by the director to investigate complaints, etc. The director will also have to establish a panel of court friends to support a person with capacity difficulties through court proceedings.

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