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

I move amendment No. 53:

In page 37, between lines 23 and 24, to insert the following:“Offences

30. (1) A person who uses fraud, coercion or undue influence to force another person to make, vary or revoke a co-decision-making agreement shall be guilty of an offence and shall be liable—

(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months, or both, or

(b) on conviction on indictment, to a fine not exceeding €50,000 or imprisonment for a term not exceeding 5 years, or both.

(2) A person who, in an application for registration of a co-decision-making agreement, or in connection with such an application, makes a statement which he or she knows to

be false in a material particular commits an offence and shall be liable —

(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 6 months, or both, or

(b) on conviction on indictment, to a fine not exceeding €15,000 or imprisonment fora term not exceeding 2 years, or both.

(3) The reference in subsection (1) to coercion or undue influence includes any case where a person’s access to, or continued stay in, 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, is contingent (whether in whole or in part) on the person having to, or being led to believe that he or she has to, make, vary or revoke a co-decision-making agreement.”.

The amendment inserts a necessary new section dealing with offences. This section mirrors section 71 in Part 9 in regard to advance health care directives. A person who uses fraud, coercion or undue influence to force another person to make, vary or revoke a co-decision-making agreement will be guilty of an offence. A person who makes a statement in connection with the registration of a co-decision-making agreement which he or she knows to false will also be guilty of an offence. This is an important protection for a relevant person. It will help to ensure that co-decision-makers are dissuaded from defrauding or exploiting vulnerable people with capacity difficulties.

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