Kathleen Lynch (Cork North Central, Labour) | Oireachtas source

I move amendment No. 1:

In page 9, lines 13 to 16, to delete all words from and including "to" in line 13 down to and including "persons;" in line 16.

The amendments in this group propose the deletion from the Bill of the informal decision-making provisions about which Deputy Mac Lochlainn expressed concerns. Amendment No. 1 arises from amendments Nos. 81 and 84 which delete Part 8 which provides for informal decision-making. Amendment No. 1 removes reference to informal decision-making from the Long Title. Amendment No. 5 is consequential and arises from amendments Nos. 81 and 84. It removes references to informal decision-making from the definition of "intervention" in section 2.

Amendments Nos. 81 and 84 propose the removal of the provisions on informal decision-making.

I proposed a series of amendments on Committee Stage which were intended to strengthen the safeguards governing informal decision-making and to limit the circumstances in which decisions could be made formally. However, concerns were raised during the committee's deliberations which pointed to the continuing risk posed by these provisions. Following careful consideration by the Department of Justice and Equality, the Department of Health and the Office of the Attorney General, it is considered prudent to remove these provisions entirely from the Bill. Their original purpose was to protect health care workers from liability for health care related actions taken on behalf of a person lacking capacity. I have been advised that the existing provisions on civil liberty, including those which protect good samaritans, are sufficient for this purpose and that sections 61 and 62 can be removed safely from the Bill. As my amendments respond to Deputy Mac Lochlainn's concerns, I ask him not to press amendments Nos. 82, 83 and 85 to 87, inclusive. Amendment No. 121 is intended to remove a reference which is obsolete if amendments Nos. 81 and 82, which propose the abolition of informal decision-making, are accepted. If informal decision-making is removed from the Bill, it will no longer be necessary for a code of practice to be prepared to guide persons making decisions on an informal basis. Amendment No. 148 is a consequential amendment arising from amendments Nos. 81 and 82 which propose to remove sections 61 and 62 on informal decision-making. If the amendments are agreed, the provisions on offences in section 127 do not need to provide for offences by informal decision-makers.

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