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 Roderic O'GormanRoderic O'Gorman (Dublin West, Green Party)
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I understand the thrust of amendments Nos. 9, 10 and 15, which seek to consider the means of the person and the financial burden imposed when setting fees and charges for co-decision-making and EPA arrangements under the Act. I assure Members that a thorough process was undertaken in regard to the setting of fees and charges under the Act to ensure that the costs would not be prohibitive to persons accessing provisions of the Act. It is not intended that any additional financial burden is placed on the user of the Act's provisions. The various fees and charges under the Act were established in line with international standards.

I think Deputy Ward alluded to the fact that it is not necessary to means-test in this way as the director does have discretion to entirely waive fees. That will be set out in the regulations that will be brought forward under this Act. All fees are subject to consultation and approval with the Minister in my Department or are prescribed directly by the Minister. I am very conscious that cost should not act as a barrier to accessing the provisions of the Act. Because we have the provision there already to allow for the waiving of the fees, we have the mechanisms in place to ensure that fees do not become a burden.