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

Seanad amendments Nos. 28 to 40, 42, and 43 align the provisions relating to decision-making assistants with those agreed by the Dáil for co-decision-makers. In response to a request from disability groups last month, amendment 29 will allow a person to appoint more than one decision-making assistant. Seanad amendment No. 31 inserts a new section 11 specifying the persons who are not eligible to be decision-making assistants. Seanad amendment No. 32 inserts a new section 12 on nullity while Seanad amendment No. 33 inserts a new section 13 relating to the disqualification of a decision-making assistant. The provisions are in line with those agreed by the Dáil for co-decision-makers. One of the principal changes is in Seanad amendment 43 which inserts a new section 12. This new section 12 will allow for complaints to be made against decision-making assistants to the director of the decision support service.

Seanad amendments Nos. 149 to 159 and Nos. 161 to 164 align the provisions relating to decision-making representatives with the more robust provisions agreed by the Dáil for co-decision-makers. Seanad amendment No. 152 inserts a new section 36 on persons who are not eligible to be decision-making representatives. Seanad amendment No. 153 inserts a new section 37 relating to the disqualification of a decision-making representative. Seanad amendment No. 162 inserts a new section 39 on the register of decision-making representation orders.

The principal changes occur in Seanad amendments Nos. 163 and 164. Seanad amendment No. 163 inserts a new section 40 setting out the provisions relating to the reporting obligations of a decision-making representative. These are in line with the provisions agreed for co-decision-makers. If a decision-making representative fails to submit a report or submits an incomplete report, the director will contact him or her on this issue. If he or she continues to fail to submit a complete report, the director will have the power to apply to the court for a determination on whether the decision-making representative should continue in the role.

Seanad amendment No. 164 inserts a new section 41 on the complaints mechanism that will apply where complaints are made against decision-making representatives. A person will be able to make a complaint where the representative is acting or proposing to act beyond the scope of the functions specified in the court order. A complaint will also be possible where the representative is not suitable such as where the representative is in conflict with the relevant person or is not able to perform the role. Where the director finds a complaint to be well-founded, he or she will be able to apply to the court for a determination on the matter.

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