Dáil debates

Thursday, 17 December 2015

Assisted Decision-Making (Capacity) Bill 2013: From the Seanad

 

11:30 am

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

Amendments Nos. 44, 45, 50 to 52, inclusive, 54 to 61, inclusive, 63 to 67, inclusive, 69 to 71, inclusive, 74, 78 to 81, inclusive, 83 to 89, inclusive, 91 to 104, inclusive, 107 to 114, inclusive, and 116 to 132, inclusive are essentially technical points to address some issues that need to be resolved in the provisions on co-decision making. Amendment No. 80 is intended to make clearer the remedies available to a third person if he or she unknowingly relies on a co-decision-making agreement which is later found to be null and void. My amendment proposes that the third party would not be prevented from recovering damages for any loss incurred as a result of unknowingly relying on a null and void co-decision-making agreement. Amendment No. 91 proposes an additional ground for objection to the registration of a co-decision-making agreement, namely that a false statement is included in the application to register the agreement. Amendment No. 104 proposes an additional provision that would allow the director to make enquiries when an incomplete report has been submitted and to satisfy himself or herself that the report is in order. This provision allows the director the flexibility to accept an incomplete report where the circumstances warrant it. Amendment No. 107 clarifies that the grounds for complaint against a co-decision maker includes if he or she is acting outside the scope of his or her functions. Amendment No. 116 specifies more precisely that the court can make a determination when an appeal has been made under the new subsection (3) and within the time limit of 21 days specified in that subsection.

Comments

No comments

Log in or join to post a public comment.