Oireachtas Joint and Select Committees

Tuesday, 14 June 2022

Select Committee on Children and Youth Affairs

Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage

Photo of Seán SherlockSeán Sherlock (Cork East, Labour) | Oireachtas source

I move amendment No. 22:

In page 57, to delete lines 23 to 28 and substitute the following: “(5) Where a temporary prohibition order is made, the Director shall, as soon as is practicable, serve a copy of the order and of the affidavit referred to in subsection (2) on—
(a) the decision-making assistant and relevant person concerned,

(b) the co-decision-maker and relevant person concerned,

(c) the decision-making representative concerned, or

(d) the attorney concerned,

and on any other persons identified by the Director and approved by the court.” .

The rationale for this amendment is to ensure that the order and affidavit are not only served on the decision supporters but also on the relevant person to whom the matter relates. This is essential to ensure the relevant person's right to know about matters concerning them is respected. The relevant person is ultimately the person who is most impacted by such an order and has a right to the information contained in the director's affidavit, which has given rise to the temporary prohibition order, as well as to be informed personally of the order made by the court.

I see that the Minister is scratching his beard. He is thinking about it.

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