Dáil debates

Wednesday, 21 October 2015

Assisted Decision-Making (Capacity) Bill 2013: Report Stage

 

10:50 am

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

I move amendment No. 2:

In page 10, between lines 32 and 33, to insert the following:“ “child” includes a step-child;”.

11 o’clock

The purpose of these amendments is to clarify the intent of certain provisions, simplify text and provide additional definitions where required. Amendments Nos. 2, 3 and 8 insert additional definitions in section 2. Amendments Nos. 21, 22 and 24 amend section 13 and are technical in nature. Section 13, which defines the primary terms referred to in Part 4, has been tidied. Unnecessary text and definitions have been removed and the definition of "authenticated" has been moved from section 19 to section 13.

Amendment No. 37 amends section 21 to clarify that the director must keep a record of any body or person that receives an authenticated copy of a part of a co-decision making agreement as well as those who receive a copy of the full agreement.

Amendments Nos. 44 to 50, inclusive, are technical amendments to section 27, which provides for the Minister to make regulations in respect of co-decision making agreements. The amendments insert the relevant section references into the various paragraphs in subsection (1) and section 27.

Amendment No. 60 is a technical amendment to clarify that the person appointed as a decision-making representative must be suitable for the role, which was an issue raised on Committee Stage. It inserts the word "suitable" in section 32(2)(b), thus making section 33(1) redundant. Accordingly, amendment No. 62 proposes the deletion of section 33(1).

Amendment No. 88 is a technical amendment to section 63. It tightens the text and clarifies the intent of the provision.

Amendments Nos. 129 and 134 are technical amendments to make clearer the intent of the provisions concerning the Hague Convention on the International Protection of Adults. The first amendment removes an unnecessary provision while the second clarifies that the person to whom section 101(2) applies is the donor of an enduring power. Amendments Nos. 135, 137 and 138 are intended to clarify that the references are to convention countries other than the Irish State. Amendments Nos. 136 and 139 are intended to clarify for us all that the references to "Article 33" are to Article 33 of the convention. Amendment No. 140 is intended to clarify the references to a central authority or similar competent authority in another country that is a party to the convention. No substantive changes are intended as a result of these amendments.

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