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

I move amendment No. 4:

In page 11, line 15, to delete “representative” and substitute “representation”.

The purpose of these amendments is to correct typographical errors and remove superfluous text. Amendments Nos. 4 and 9 correct typographical errors. Amendment No. 10 deletes paragraph (l) in the definition of "property and affairs" in section 2. That paragraph makes the definition overtly broad, widening it to include other matters relating to the relevant person's property and affairs. The definition should be as precise as possible. This is a safeguard to avoid a person using a catch-all provision to take control of the property of a person with capacity decisions that goes beyond the authority vested in him or her.

Amendments Nos. 11, 12, 14, 15, 17, 23 and 34 remove superfluous text. Amendment No. 25 removes the superfluous definition of "register" from section 13, as section 21 already provides that definition in Part 4.

Amendments Nos. 35 and 36 are technical amendments to section 21. They refine the language in the section in order to clarify the intention of the provision.

Amendment No. 43 is a technical amendment to section 27, refining the section's language in order to clarify the intention of the provision. We must keep in mind for whom this legislation is intended.

Amendments Nos. 56, 65, 115 and 120 are technical amendments to correct typographical errors.

Amendment No. 70 is intended to remove the possibility for a court to vary or discharge a co-decision making order. As a co-decision making agreement is made directly between the relevant person and the co-decision maker, the decision to vary or discharge the agreement is a matter for them subject to the safeguards set out in Part 4.

Amendment No. 73 removes superfluous text from section 43(4).

Amendment No. 110 is intended to clarify that the director may consult with any person who has functions in respect of the care or treatment of a relevant person when the director is carrying out any of his or her functions rather than simply his or her function under section 76. The amendment would enable the director to consult a person when carrying out investigations, for example.

Amendment No. 111 proposes to delete the phrase "to the office", as it is not necessary for the meaning of the provision. The amendments agreed on Committee Stage provide that the Circuit Court may have jurisdiction as well as the High Court, where appropriate, in proceedings concerning cases arising under the Hague Convention.

Amendments Nos. 130 to 133, inclusive, are technical in nature and reflect that more than one court may exercise functions under these provisions. No change of substance is envisaged by these amendments.

Amendment No. 147 is a technical amendment to insert more correctly the proposed amendment into the Courts (Supplemental Provisions) Act 1961.

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