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. 410:

In page 9, line 10, to delete “IN THE FUTURE;” and substitute the following:

“IN THE FUTURE, HAVING REGARD, inter alia, TO THE PROTECTIONS AFFORDED BY THE CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS DONE AT ROME ON THE 4TH DAY OF NOVEMBER 1950 AS IT APPLIES IN THE STATE;”.

Amendments Nos. 410 to 412, inclusive, and 414 to 417, inclusive, propose changes to the Title to reflect the changes proposed for the Bill. The changes result from co-decision making being taken out of the court, from informal decision-making being removed as an apparent category of intervener and from the inclusion of provisions for advance health care directives. The other change arises from the change of title from public guardian to director of the decision support service. A small change is to clarify that decision-making assistants can take decisions informally. As my proposal in amendment No. 414 to remove informal decision-making addresses the change sought by Deputy Ferris in amendment No. 413, I would ask the Deputy not to press her amendment and I do not believe she will.

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