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

Kathleen Lynch: There is a Government policy in respect of vulnerable persons and restraint. It applies in both the health and the mental health areas.

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

Kathleen Lynch: The Government policy applies to everyone, but it is a specific inclusion in this Bill.

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

Kathleen Lynch: With every Government policy - this one is a well developed policy - training protocols must be gone through and certain regulations must be complied with. This policy is certainly embedded at this stage. I understand where the Deputy is coming from with this question and do not say the policy is always adhered to. However, we must ensure within this legislation that those who lack...

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

Kathleen Lynch: I will not respond in respect of an individual case, as that would be inappropriate. I would not like anybody to get the wrong impression and must point out that this legislation only applies to those over 18 years of age. It is about adult situations.

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

Kathleen Lynch: Somehow or other, when we talk about restraint, we always seem to think about someone being tied up or the use of belts or chemicals. In fact, what we propose here is so wide-ranging that it covers everything. It mentions the exclusion of people from their friends and families, which I believe is a form of restraint. What we propose is comprehensive and imposes obligations on the person...

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

Kathleen Lynch: Yes.

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

Kathleen Lynch: We believe this is a very robust section and, of course, we could keep adding to it. We could come up with another 400 amendments. Of course, we can keep adding to it but we really need to get this legislation through. The Chairman and I have been working on this for 20 years and we need to get this through. Of course, people may have amendments that would be beneficial but we cannot just...

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

Kathleen Lynch: I move amendment No. 170:In page 41, between lines 38 and 39, to insert the following:"(2) A decision-making representative for a relevant person shall not have authority to make decisions on behalf of a relevant person other than those specified in the decision-making representation order.".

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

Kathleen Lynch: I move amendment No. 171:In page 42, between lines 11 and 12, to insert the following:"(4) Where there is both a decision-making representative and a designated healthcare representative for a relevant person—(a) the decision-making representative shall not exercise any relevant powers of the designated healthcare representative which are exercisable by the designated healthcare...

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

Kathleen Lynch: I move amendment No. 172:In page 42, line 14, after “treatment” to insert “or consent to the withdrawal of life-sustaining treatment”.

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

Kathleen Lynch: I move amendment No. 174:In page 42, line 16, after "unless" to insert "there are exceptional emergency circumstances and".

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

Kathleen Lynch: I move amendment No. 175:In page 42, line 21, after "prevent" to insert "an imminent risk of serious".

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

Kathleen Lynch: I move amendment No. 176:In page 42, line 30, before "restricts" to insert "intentionally".

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

Kathleen Lynch: I move amendment No. 177:In page 42, line 30, to delete "movement" and substitute "voluntary movement or behaviour".

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

Kathleen Lynch: I move amendment No. 179:In page 42, to delete lines 34 to 38 and substitute the following:"(7) A decision-making representative for a relevant person who restrains the relevant person pursuant to this section shall cease the restraint immediately upon the restraint no longer being necessary in order to prevent an imminent risk of serious harm to the relevant person or to another person.".

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

Kathleen Lynch: I move amendment No. 180:In page 42, between lines 41 and 42, to insert the following:"(9) The Director shall establish and maintain a register of decision-making representation orders.".

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

Kathleen Lynch: I move amendment No. 181:In page 43, line 23, after "may" to insert "be made to the court at any time by the relevant person or". The proposed amendments remove the requirement that the person with capacity difficulties must have the consent of the court to seek a review of a declaration of incapacity. Instead, the amendment would allow the person with capacity difficulties to seek the...

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

Kathleen Lynch: I move amendment No. 182:In page 43, line 24, to delete "be made to the court at any time".

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

Kathleen Lynch: I move amendment No. 183:In page 43, line 25, to delete "paragraphs (a)" and substitute "paragraphs (b)".

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

Kathleen Lynch: I move amendment No. 184:In page 43, line 34, to delete "last reviewed" and substitute "made or last reviewed, as appropriate,".

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