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

Seanad amendments Nos. 165 and 166 are interesting. They amend the Civil Legal Aid 1995 to ensure people whose capacity is to be challenged or assessed in court have an automatic right to representation by the Legal Aid Board and the board has the right to charge but only to the limit of the fee set by the Legal Aid Board. If one is entitled to free legal aid, then well and good, and the same criteria will apply. There is nothing to prevent people who wish to use their own legal team from doing so. These amendments ensure those who do not have that facility are represented. It is also important that representation at mental health tribunals will also transfer to the Legal Aid Board. These are significant amendments.

Seanad amendments Nos. 254 and 255 provide for minor amendments to the functions of the director of the decision support service. Seanad amendment No. 254 proposes a new function for the director to inform and guide organisations, including State organisations, when dealing with the range of interveners specified under the Bill. This issue came up regularly regarding the educational process that needs to be undertaken. He or she will have to provide information and guidance on dealing with attorneys, decision-making representatives, etc. The intention is that, as a result of this information and guidance, organisations will know exactly when to provide information to interveners.

Seanad amendment No. 255 allows the decision support service to charge fees for its services. It is appropriate that the service has this possibility, in line with international practice. Some of the functions that it will undertake will be time-consuming. Some of the organisations with which it will interact will be very wealthy. Where a vulnerable person or a family has limited means, the possibility will be available for the fees to be waived.

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