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

I move amendment No. 80:

In page 66, line 5, to delete "Public Guardian" and substitute "Director".

Amendment No. 80 is a technical amendment to change a reference from "Public Guardian" to "Director". This is something that came out of our engagement not only with the Deputies present who have an interest in this but also with the NGOs. As agreed by the Dáil on Committee Stage, the person appointed to head the decisions support service will be titled the director.

Deputy O'Dowd's amendments Nos. 105 and 106 propose that the director of the decision support service would be appointed by the Minister for Justice and Equality rather than by the Courts Service. However, it would not be appropriate for the Minister for Justice and Equality to make this appointment if the decision support service is to be located in the Courts Service.

As the Deputy is aware, the Government decided in June 2013 that the body responsible for undertaking the functions foreseen under this Bill would be located in the Courts Service. As a consequence, I cannot accept the Deputy's amendments. Similarly, I cannot accept the Deputy’s amendments Nos. 117 to 119, inclusive, which propose that the director of the decision support service would make an annual report to the Minister for Justice and Equality rather than to the board of the Courts Service. The director’s reports will have to be made to the body to which he or she is answerable. The Bill provides, in line with the Government’s decision of June 2013, that this should be the Courts Service. For this reason, I cannot accept the Deputy’s amendments.

Amendments Nos. 107 to 109, inclusive, propose that the functions of the director of the decision support service would be amended to remove the requirement for him or her to give guidance to persons such as decision-making representatives, attorneys, designated health care representatives, co-decision-makers, decision-making assistants or other persons exercising decision-making roles under the Act. The reason for the amendment is that the director will have the role of supervising persons with decision-making functions under the Act. It could compromise the director’s supervisory role if he or she also gave guidance to those persons under the Act. If the director were to advise a person to enter a co-decision-making agreement, for example, and a complaint was subsequently lodged by a third party against the co-decision-maker, the director's ability to investigate the complaint might be affected because of the advice previously given. In view of the director's regulatory functions, it is more appropriate, therefore, to limit his or her role to that of providing information on the provisions of the Act. The director will continue to have the role of offering guidance to specific sectors, such as the health care sector, given that they will not come under his or her supervisory functions.

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