Dáil debates

Wednesday, 21 October 2015

Assisted Decision-Making (Capacity) Bill 2013: Report Stage (Resumed) and Final Stage

 

1:55 pm

Photo of Pádraig Mac LochlainnPádraig Mac Lochlainn (Donegal North East, Sinn Fein) | Oireachtas source

I move amendment No. 66:

In page 49, to delete lines 34 to 41, and in page 50, to delete lines 1 to 3 and substitute the following:“(8) A decision-making representative for a relevant person shall not do an act that is intended to restrain the relevant person unless—
(a) the relevant person lacks capacity in relation to the matter in question or the decision-making representative reasonably believes that the relevant person lacks such capacity,

(b) the decision-making representative reasonably believes that it is necessary to do the act in order to prevent harm to the relevant person or to another person,

(c) the decision-making representative reasonably believes that the act is the least restrictive measure that may be taken in order to prevent harm to the relevant person or to another person, and

(d) the act is a proportionate response to the likelihood of the harm referred to in paragraphs (b) and (c)and to the seriousness of such harm.”.

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