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

An amendment is being worked on in relation to the interaction between the nursing home support scheme and the 2015 Act. It is necessary to clarify the relationship between a care representatives and a decision supporter. My officials are liaising with counterparts in the Department of Health and the Office of the Attorney General on that. This is in response to a number of amendments that were ruled out of order. Following agreement between the Minister for Justice, Deputy Helen McEntee, and me, I will bring forward an amendment to the issue of the provision of legal aid under Part 6 for this and other relevant sectors to ensure that legal aid is available for wards exiting wardship under Part 6 of the Act. This will give existing wards the same supports as persons making new decision support applications.

The Department of Health has advised my Department that amendments may be necessary to assist with the creation of a register for advanced healthcare directives. If this proves necessary I will move the required amendments.

With regard to transitional arrangements for ongoing wardship applications, I intend to amend section 56 of the 2015 Act to provide for transitional arrangements. In the run-up to the commencement of 2015 Act, concerns have been brought to my attention from practitioner organisations and the HSE that provisions for persons who have been subject of wardship applications that have not completed prior to the commencement of the Act are desirable. These would ensure continuity of care and avoid additional expense. I will bring amendments to address these cases, and ensure that these applications can be processed to completion after the commencement of the Act, and that as part of these proceedings an exit date from wardship is also set up for such persons.

I will bring additional amendments to section 4 of the 2015 Act following preparation for commencement. I have been advised by the Courts Service that it would be desirable to clarify the operation of the Circuit Court in the context of geographical location and emergency applications.

I will also bring an amendment to clarify the operation of the inherent jurisdiction of the High Court in relation to the Act.