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

I move amendment No. 27:

In page 25, to delete lines 10 to 41, and in page 26, to delete lines 1 to 31 and substitute the following:“Persons who are not eligible to be co-decision-makers

15. (1) Subject to subsection (2), a person shall not be eligible for appointment as a co-decision- maker if he or she—

(a) has been convicted of an offence in relation to the person or property of the person who intends to appoint a co-decision-maker, or the person or property of a child of that person,

(b) has been the subject of a safety or barring order in relation to the person who intends to appoint a co-decision-maker or a child of that person,

(c) is an undischarged bankrupt or currently in a debt settlement arrangement or personal insolvency arrangement or has been convicted of an offence involving fraud or dishonesty,

(d) is a person in respect of whom a declaration under section 819 of the Act of 2014 has been made or is deemed to be subject to such a declaration by virtue of Chapter 5 of Part 14 of that Act,

(e) is a person who is subject or is deemed to be subject to a disqualification order, within the meaning of Chapter 4 of Part 14 of the Act of 2014, by virtue of that Chapter or any other provisions of that Act,

(f) is the owner, or the registered provider, of a nursing home (whether or not it is a nursing home registered under the Health Act 2007), a mental health facility, or a residential facility for persons with disabilities, in which the person who intends to appoint a co-decision-maker resides, or a person residing with, or an employee or agent of, such owner or registered provider, as the case may be, unless the person is a spouse or civil partner, parent, child or sibling of the person who intends to appoint a co-decision-maker,

(g) has been convicted of an offence under section 127, or

(h) previously acted as co-decision-maker for the person who intends to appoint a co-decision-maker and there was a finding by the court that he or she should no longer act as co-decision-maker for that person.

(2) Paragraphs (1)(c), (d) and (e) shall not apply where the co-decision-making agreement contains only relevant decisions concerning personal welfare.”.

Amendment No. 27 proposes to delete the current section 15 and replace it with amended text. The amendments to the text are technical in nature and bring clarity to the section. They provide for a change of title to the section to "Persons who are not eligible to be co-decision-makers" and the removal of subsections 2, 3 and 4, which deal with circumstances subsequent to the appointment of the co-decision-maker and the validity of the agreement. The provisions in subsections 2, 3 and 4 are to be moved to a new section 17 entitled "Nullity," which pulls together all the provisions relating to the invalidation of a co-decision-making agreement.

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