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

Before we move to the amendments, I seek clarity in regard to section 82 in the context of the Juries Act. My understanding is that section 82 amends the First Schedule of the Juries Act by inserting what is clearly, in our interpretation, a mistaken provision that a person is ineligible to serve as a juror if he or she does not, in the opinion of the court, have sufficient mental or intellectual “incapacity”. That is the wording that is there, although it may have been corrected in the intervening period. I wonder should we be substituting “capacity” for “incapacity”.

The issue may have been spotted by the Minister and his team already; I am just putting it on the record.

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