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

I move amendment No. 28:

In page 26, to delete lines 33 to 40, and in page 27, to delete lines 1 to 33 and substitute the following:“16. (1) A co-decision-maker shall advise the appointer as regards matters the subject of, or to be the subject of, relevant decisions, and shall share with the appointer the authority to make relevant decisions and may do all things necessary to give effect to the authority vested in him or her.

(2) In exercising his or her functions, a co-decision-maker shall—

(a) advise the appointer by explaining relevant information and considerations relating to a relevant decision,

(b) ascertain the will and preferences of the appointer on a matter the subject of, or to be the subject of, a relevant decision and assist the appointer with communicating them,

(c) assist the appointer to obtain any information or personal records (in this section referred to as “relevant information”) that the appointer is entitled to and that are required to assist in the making of a relevant decision,

(d) assist the appointer to make a relevant decision and to express that decision,

(e) make a relevant decision jointly with the appointer, and

(f) make reasonable efforts to ensure that a relevant decision is implemented as far as practicable.

(3) A co-decision-maker shall not—

(a) attempt to obtain information that is not reasonably required for making a relevant decision, or

(b) use relevant information for a purpose other than in relation to making a relevant decision.

(4) A co-decision-maker shall take reasonable steps to ensure that relevant information—

(a) is kept secure from unauthorised access, use or disclosure, and

(b) is safely disposed of when he or she believes it is no longer required.

(5) A co-decision-maker shall be entitled to be reimbursed out of the assets of the appointer in respect of his or her fair and reasonable costs and expenses which are—

(a) reasonably incurred in performing his or her functions as co-decision-maker,

(b) vouched for in a manner acceptable to the Director, and

(c) included in a report submitted by the co-decision-maker under section 23.

(6) A co-decision-maker shall not be entitled to remuneration for performing his or her functions as co-decision-maker.

(7) A co-decision-maker and any person specified in section 18(3)shall, whether or not the co-decision-making agreement has been registered, notify the Director if, to his or her knowledge, the appointer’s capacity—

(a) improves to the extent that he or she has capacity in relation to the relevant decisions which are the subject of the co-decision-making agreement without the assistance of a co-decision-maker, or

(b) deteriorates to the extent that he or she lacks capacity in relation to the relevant decisions which are the subject of the co-decision-making agreement even with the assistance of a co-decision-maker.(8) A co-decision-maker—

(a) shall acquiesce in a relevant decision made by the appointer, and

(b) shall not refuse to sign a document referred to in section 20(3), unless it is reasonably foreseeable that the relevant decision will result in harm to the appointer or to another person.

(9) A co-decision-maker shall not have authority to make decisions jointly with a relevant person other than in relation to those specified in respect of him or her in the co-decision-making agreement.

(10) Where an appointer has more than one co-decision-maker, each of the co-decision-makers shall exercise his or her functions in a manner which is not inconsistent with the functions exercisable by another co-decision-maker.”.

Amendment No. 28 proposes to delete the current section 16 and replace it with amended text. The amendments to the text are mainly technical in nature and provide clarity as to the functions of a co-decision-maker. In particular, the new subsection (9) limits the authority of the co-decision-maker to decisions falling within the scope of the co-decision-making agreement.

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