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Select Committee on Justice, Defence and Equality: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (17 Jun 2015)

Pádraig Mac Lochlainn: I move amendment No. 241:In page 65, between lines 2 and 3, to insert the following:“(7) (a) An informal decision-maker shall at all times act according to the known will and preferences of the relevant person.(b) The will and preferences will be assumed to be known to the informal decisionmaker where—(i) the informal decision-maker is aware, from personal experiences, of the...

Select Committee on Justice, Defence and Equality: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (17 Jun 2015)

Pádraig Mac Lochlainn: I move amendment No. 243:In page 65, line 7, to delete “subsection (3)” and substitute “subsection (4)*”.

Select Committee on Justice, Defence and Equality: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (17 Jun 2015)

Pádraig Mac Lochlainn: I move amendment No. 250:In page 65, between lines 19 and 20, to insert the following:“(3) Subject to subsection (4)*, nothing in section 53 shall be construed as authorising an informal decision-maker to take an action or authorise the taking of an action in respect of a relevant person which involves that person being admitted to or detained in a mental health service and/or the...

Select Committee on Justice, Defence and Equality: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (17 Jun 2015)

Pádraig Mac Lochlainn: I move amendment No. 252:In page 65, between lines 28 and 29, to insert the following:“(4) Subject to subsection (3)*, nothing in section 53 shall be construed as authorising an informal decision-maker to restrain a relevant person, save where the informal decision maker reasonably believes that the relevant person lacks capacity in relation to the matter in question and such restraint...

Select Committee on Justice, Defence and Equality: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (17 Jun 2015)

Pádraig Mac Lochlainn: I move amendment No. 340:In page 76, line 35, after “possible” to insert “but no later than 6 months from the commencement of this Act”.

Select Committee on Justice, Defence and Equality: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (17 Jun 2015)

Pádraig Mac Lochlainn: I move amendment No. 342:In page 77, line 26, after “possible” to insert “but no later than 6 months from the commencement of this Act”.

Select Committee on Justice, Defence and Equality: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (17 Jun 2015)

Pádraig Mac Lochlainn: I move amendment No. 394:In page 86, between lines 2 and 3, to insert the following:“(3) Save as provided in subsections (1) and (2) or otherwise expressly provided by any other provision of this Act, this Act applies to patients receiving treatment in an approved centre.”. Section 104 addresses the position of patients whose treatment is regulated by Part 4 of the Mental...

Select Committee on Justice, Defence and Equality: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (17 Jun 2015)

Pádraig Mac Lochlainn: Has the Department engaged with Mental Health Reform in respect of this Bill? There seems to be significant differences between what that group and what the Minister of State is putting forward. If the Minister of State has engaged with representatives from the group, has she conveyed to them that all of the issues they are raising with our committee will be addressed in the Mental Health...

Select Committee on Justice, Defence and Equality: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (17 Jun 2015)

Pádraig Mac Lochlainn: We are nearly finished.

Select Committee on Justice, Defence and Equality: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (17 Jun 2015)

Pádraig Mac Lochlainn: This is similar to the discussion we had earlier. The Minister of State may argue that two years is too short but we argue that five years is too long, considering the serious implications of these changes. We will not reach agreement now but I ask the Minister of State to reconsider this. Maybe there is a mid-point on which we can agree, arguably three years. I will resubmit this...

Select Committee on Justice, Defence and Equality: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (17 Jun 2015)

Pádraig Mac Lochlainn: I move amendment No. 403:In page 90, line 19, to delete “5th anniversary” and substitute “2nd anniversary”.

Joint Oireachtas Committee on Public Service Oversight and Petitions: Business of Committee (17 Jun 2015)

Pádraig Mac Lochlainn: The committee is now sitting in public session in its capacity as the joint sub-committee on public petitions. Before we move to the formal business, there are two matters I wish to raise. On behalf of the members of the joint committee, I wish to extend sincerest condolences to the family, friends and colleagues of the six student friends, Ashley Donohoe, Olivia Burke, Eimear Walsh, Eoghan...

Joint Oireachtas Committee on Public Service Oversight and Petitions: Shannon Airport Landings: Discussion (Resumed) (17 Jun 2015)

Pádraig Mac Lochlainn: We now move on to the formal part of the meeting. Given the pressure the Minister is under, we will conclude at 5 p.m. sharp, which gives us 50 minutes. The matter is the role of the Department of Foreign Affairs and Trade in facilitating foreign aircraft in Irish airspace and availing of landing facilities in Ireland. May I remind all present to turn off their mobile phones as they...

Joint Oireachtas Committee on Public Service Oversight and Petitions: Shannon Airport Landings: Discussion (Resumed) (17 Jun 2015)

Pádraig Mac Lochlainn: There are about three questions there so we will deal with them and let the Minister respond. To summarise, the Senator has put-----

Joint Oireachtas Committee on Public Service Oversight and Petitions: Shannon Airport Landings: Discussion (Resumed) (17 Jun 2015)

Pádraig Mac Lochlainn: To summarise, the Senator's first question concerned the Minister's interpretation of neutrality.

Joint Oireachtas Committee on Public Service Oversight and Petitions: Shannon Airport Landings: Discussion (Resumed) (17 Jun 2015)

Pádraig Mac Lochlainn: Political versus-----

Joint Oireachtas Committee on Public Service Oversight and Petitions: Shannon Airport Landings: Discussion (Resumed) (17 Jun 2015)

Pádraig Mac Lochlainn: The Senator also asked about taking the word of the-----

Joint Oireachtas Committee on Public Service Oversight and Petitions: Shannon Airport Landings: Discussion (Resumed) (17 Jun 2015)

Pádraig Mac Lochlainn: The Minister does not need to address the Senator's comments because he has already responded to him. If there is anything specific he would like to deal with, he may do so.

Joint Oireachtas Committee on Public Service Oversight and Petitions: Shannon Airport Landings: Discussion (Resumed) (17 Jun 2015)

Pádraig Mac Lochlainn: I thank the Minister. I have a couple of questions before I let in Deputy Mulherin. We have held a number of hearings at this stage. We visited Shannon Airport and met the management of the airport and the senior members of An Garda Síochána responsible for the security of the airport. They were helpful in clarifying matters. In terms of the civil and military aircraft, the...

Joint Oireachtas Committee on Public Service Oversight and Petitions: Shannon Airport Landings: Discussion (Resumed) (17 Jun 2015)

Pádraig Mac Lochlainn: I remind members there is a vote in the Dáil, but as the Minister must leave in ten minutes, at 5 p.m., I would like to continue and complete the meeting. Anyone who wishes to leave for the vote is free to go.

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