Results 12,141-12,160 of 15,268 for speaker:Kathleen Lynch

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

Kathleen Lynch: I thank the Deputy and I appreciate his comments. At this stage people will know that we have gone probably wider on this Bill than on any other legislation. There were certain pieces where we could simply not get over that legal hurdle but I assure the Deputy that we will take another look. Amendment No. 161 proposes the deletion of the provisions of section 26(1) as the definition of...

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

Kathleen Lynch: I move amendment No. 13:In page 11, line 17, to delete “decision-making representative order” and substitute “decision-making representation order”. As a group, these amendments propose that the title of the order that will apply, when a decision-making representative is appointed, should be changed to decision-making representation order rather than...

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

Kathleen Lynch: I move amendment No. 14:In page 11, between lines 18 and 19, to insert the following:“ “designated healthcare representative” has the meaning assigned to it by section 55*; “Director” has the meaning given to it in section 55;”.

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

Kathleen Lynch: I move amendment No. 15:In page In page 11, to delete lines 24 to 27. Amendments Nos. 15, 338, 339 and 342 propose to remove the specific reference to the European Convention on Human Rights in the provisions of the Bill. The Long Title of this Bill now provides that the protections of the ECHR will apply to all provisions of this Bill and do not need to be referenced in specific sections....

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

Kathleen Lynch: I move amendment No. 16:In page 11, line 29, to delete “Public Guardian” and substitute “Director”.

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

Kathleen Lynch: I move amendment No. 17:In page 11, to delete lines 36 and 37. The intention when drafting Part 7 was to develop provisions to protect persons from liability where they took decisions in good faith on the personal welfare of a person with capacity difficulties. The primary target group for these provisions was intended to be health care professionals. When drafting the provisions, we also...

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

Kathleen Lynch: I have spoken to Deputy Ferris and she is satisfied we have addressed those concerns. I do not wish to delay proceedings but it would be helpful if Deputy Keaveney could let us know of his exact concerns in advance. From the very outset we have said that while we are setting provisions in stone in the legislation, we are open to looking at ways to enhance the Bill.

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

Kathleen Lynch: There was a concern about giving too much power to an informal decision-maker, but we feel we have addressed that. We did receive correspondence from the centre in Galway. We can discuss the matter in a less formal setting if the Deputies wish to speak to the officials and we can see whether people are satisfied with the amendments we have made.

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

Kathleen Lynch: It is important to say that I am not certain we will be able to address all concerns. I do not make such a commitment. What I say is that we are open to changes that are reasonable and that will make the Bill better.

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

Kathleen Lynch: On Deputy Mac Lochlainn's amendment No. 250, section 104 already provides that this Bill does not authorise a person to take a decision to give a patient treatment for mental disorder or to consent to that treatment where that is regulated by Part 4 of the 2001 Act. The Department of Health is currently developing its policy approach regarding the review of the Mental Health Act. This will...

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

Kathleen Lynch: It is being worked on. This type of legislation is extensive and needs to be very carefully crafted and the drafters will start on the process very shortly. They have already held discussions with the Department of Health about how we will do it. The first thing we will do, because it is easier than other aspects, is deal with people who are unwilling to undergo ECT.

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

Kathleen Lynch: I am normally very open to these things and I always say I am no great expert on these things nor the holder of all knowledge. However, I genuinely believe that the best place to deal with this is within the Mental Health Act. I understand what the Deputy says about the amended piece of legislation but the recommendations that came from the review group on the Mental Health Act are not...

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

Kathleen Lynch: This Bill is about capacity and the ability to make decisions, sometimes in very limited circumstances and in very short windows of time. It is about constantly assessing capacity but it is not about mental health, even though it will apply to that. It is not about any one section of society. I would not say this if I did not mean it and I am sure the Deputy is as passionate about what he...

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

Kathleen Lynch: I will be doing that myself.

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

Kathleen Lynch: I move amendment No. 19:In page 12, line 3 and 4, to delete "or informal decision-maker for the relevant person" and substitute ", designated healthcare representative or person referred to in section 53(1)".

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

Kathleen Lynch: I move amendment No. 20:In page 12, line 5, to delete "Public Guardian" and substitute "Director".

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

Kathleen Lynch: I move amendment No. 21:In page 12, lines 15 and 16, to delete "is being called into" and substitute "is in". These are minor drafting amendments.

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

Kathleen Lynch: I move amendment No. 22:In page 12, line 16, to delete "be called into" and substitute "be in".

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

Kathleen Lynch: I move amendment No. 23:In page 12, between lines 21 and 22, to insert the following: " "owner", in relation to a nursing home, includes a person managing a nursing home, mental health facility, or residential facility for persons with disabilities, or a director (including a shadow director within the meaning of section 222 of the Act of 2014) of, or a shareholder in or an employee or agent...

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

Kathleen Lynch: I move amendment No. 24:In page 12, between lines 25 and 26, to insert the following:“ “personal welfare”, in relation to a relevant person, means one or more of the following matters:(a) accommodation, including whether or not the relevant person should live in a nursing home or residential facility; (b) participation by the relevant person in employment, education or...