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

I move amendment No. 41:

In page 35, to delete lines 26 to 36 and substitute the following:

“25. (1) A co-decision-making agreement, whether registered or not, may be revoked in whole or in part at any time by the appointer or the co-decision-maker, or both.(2) A revocation or revocation in part of a co-decision-making agreement shall be in writing and shall be in such form as shall be prescribed by regulations made under section 27.

(3) Subject to section 14(6)

, a revocation or a revocation in part of a co-decision-making agreement shall be signed by the person or persons making the revocation and, in the case of a revocation by the appointer, his or her signature shall be acknowledged by 2 witnesses and section 14(7)

shall apply with the necessary modifications.

(4) Where a revocation or revocation in part is made after the co-decision-making agreement concerned has been registered, the person making the revocation shall notify the Director of the revocation or revocation in part, as the case may be.

(5) Upon receipt of a notification under subsection (4)the Director shall—

(a)where the revocation concerns the whole of the co-decision-making agreement concerned, remove the co-decision-making agreement to which the revocation relates from the Register, and

(b) where the revocation is a revocation in part, identify on the Register the extent of the revocation, and in either case notify the persons specified in section 18(3)

of the fact of the revocation or revocation in part, as the case may be.

(6) In this section a “revocation in part” means a revocation (whether by the co-decision-maker or the appointer or both), whereby the co-decision-maker continues to act as co-decision-maker for the appointer in respect of one or more relevant decisions which are the subject of the co-decision-making agreement.”.

This amendment proposes to delete section 25 and substitute it with amended text. The amended text clarifies that a co-decision-making agreement may be revoked whether it is registered. It also allows an agreement to be revoked in part. Where a registered agreement is being revoked in part a director must identify on the register the extent of the revocation. The new subsection (6) clarifies that "revocation in part" means a revocation whereby the co-decision-maker continues to act as a co-decision-maker for the appointer for more than one relevant decision. Again, it provides the type of flexibility that is required.

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