Roderic O'Gorman (Dublin West, Green Party) | Oireachtas source

I am not in a position to accept these amendments. Amendments Nos. 12 and 13 seek to reduce the period in which a review of a ward's capacity is undertaken. The review periods currently set for capacity review are 12 months and three years, respectively; the latter being where the ward is unlikely to regain capacity. The amendments seek three-month and 18-month periods, respectively. The purpose of the inclusion of section 43 of the Bill is to ensure that a ward who is covered under Part 6 of the Act is entitled to a review of his or her capacity in the same way that a relevant person is entitled under Part 5.

In this regard, the review periods of 12 months and three years replicate those set out in Part 5 of the Act. Under the Act as it is currently drafted, the ward has the same periods as a relevant person. It is important, insofar as possible, that both wards and relevant persons under this Act are treated in the same manner and that the level of burden, stress and administrative procedures is no more than is necessary. What the Deputy is proposing will lead to an inconsistency between the review time for wards and that for relevant persons, which is not desirable.