Finian McGrath (Dublin Bay North, Independent) | Oireachtas source

I move amendment No. 14:

In page 7, after line 35, to insert the following: “Amendment of Assisted Decision-Making (Capacity) Act 2015

7. The Assisted Decision-Making (Capacity) Act 2015 is amended—

(a) in section 15(1)—

(i) by the substitution of “one or more of” for “one or both of”, and

(ii) in paragraph (c), by the substitution of “decision-making assistance agreement” for “co-decision-making agreement”,

(b) in section 46(6)(b), by the substitution of “general visitor” for “special visitor”,

(c) in section 75, by the substitution—

(i) in subsection (2)(b), of “general visitor” for “special visitor”,

(ii) in subsection (7)(b), of “attorney” for “co-decision-maker”, and

(iii) in subsection (8), of “subsection (7)(b)” for “subsection (7)(a)”,

and

(d) in section 143, by the deletion of paragraphs (b) and (d).”.

The purpose of the amendment is to insert a new section into the Bill to provide for a number of minor technical amendments and corrections to the Assisted Decision-Making (Capacity) Act 2015. Paragraph (a) of the new section relates to section 15 of the Assisted Decision-Making (Capacity) Act, which provides for complaints against decision-making assistants appointed under the Act. The first proposed amendment to section 15 is a technical drafting amendment. As there are three paragraphs in section 15(1), the reference to “one or both of the following matters” is incorrect. The second proposed amendment is a technical drafting amendment to replace an erroneous reference to co-decision-making agreements with a reference to decision-making assistance agreements.

The director was appointed in late 2017. The preparations for the commencement of the Act are ongoing. We are working towards 2020 for its commencement. The staff are being recruited, codes of practice are being drafted, and procurement is under way. The Department is working on amendments to the Assisted Decision-Making (Capacity) Act 2015 to address the issues that have arisen since the Act was passed. They are also to remove inconsistencies and clarify provisions. Much work is ongoing on this issue.