Results 12,321-12,340 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 move amendment No. 185:In page 44, lines 4 and 5, to delete "decision-making representative order" and substitute "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. 186:In page 44, line 31, after "professionals" to insert ", or other relevant experts,". This amendment would broaden the categories of a person from whom a court would seek expert reports on a person with capacity difficulties so the assessment of a person's capacity would not be based exclusively on a medical model. The expert could be a social worker, social care...

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

Kathleen Lynch: I move amendment No. 187:In page 44, line 39, 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: That is something on which we are working. It is our intention to bring in amendments on Report Stage for legal aid.

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

Kathleen Lynch: I move amendment No. 189:In page 45, between lines 21 and 22, to insert the following: "PART 5* WARDSDefinitions — Part 533. In this Part—"ward" means a relevant person in the wardship of a wardship court; "wardship court" means the High Court or Circuit Court exercising its jurisdiction under this Part and, in relation to a ward, means that court which made the order by...

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

Kathleen Lynch: We are looking at a process. There may well be wards who are ready to have themselves discharged as soon as the Bill is enacted. We are making it a three year period because there will be others who will need a longer timeframe. I would hate to think we would be back here in a year's time with the Courts Service telling us that we had introduced a measure that was completely unrealistic...

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

Kathleen Lynch: I move amendment No. 190:In page 45, between lines 29 and 30, to insert the following:“Review of capacity of wards who are adults34. (1) An application for the review of the capacity of a ward who has attained the age of 18 years by the date of commencement of this Part may, with the consent of the wardship court, be made to the wardship court at any time by—(a) the ward, or...

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

Kathleen Lynch: I move amendment No. 191:In page 46, before line 1, to insert the following:“Declarations following review and discharge from wardship35. (1) The wardship court, after reviewing the capacity of the ward, shall—(a) declare that the ward does not lack capacity, or (b) make one or more than one of the following declarations:(i) that the ward lacks capacity, unless the assistance...

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

Kathleen Lynch: I move amendment No. 193:In page 47, between lines 10 and 11, to insert the following:“Director and wards who are adults36. The wardship court may, after consultation with the Director, in respect of— (a) a ward—(i) who was a ward immediately before the commencement of this section, and (ii) who has attained the age of 18 years, or(b) a class of wards—(i) who...

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

Kathleen Lynch: I move amendment No. 194:In page 47, between lines 30 and 31, to insert the following:“Director and wards who are minors37. The wardship court may, after consultation with the Director, in respect of a ward—(a) who was a ward immediately before the commencement of this section, and (b) who has not attained the age of 18 years,direct the Director to exercise such of his or her...

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

Kathleen Lynch: I move amendment No. 195:In page 48, to delete line 20.

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

Kathleen Lynch: I move amendment No. 196:In page 48, to delete lines 21 to 22.

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

Kathleen Lynch: I move amendment No. 197:In page 49, line 36, to delete “may” and substitute “shall”.

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

Kathleen Lynch: I move amendment No. 198:In page 50, lines 38 and 39, to delete “that the attorney understands the duties and obligations of an attorney” and substitute “that he or she understands and undertakes to act in accordance with the functions of an attorney”. The provision is intended as an extra safeguard to ensure that the attorney makes a commitment, in advance 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. 199:In page 51, line 3, 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. 200:In page 51, lines 29 to 30, to delete “section 150 of the Act of 1990” and substitute “section 819 of the Act of 2014”.

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

Kathleen Lynch: I move amendment No. 201:In page 51, lines 32 and 33, to delete “by virtue of Part VII of the Act of 1990” and substitute “within the meaning of Chapter 4 of Part 14 of the Act of 2014 by virtue of that Chapter”.

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

Kathleen Lynch: I move amendment No. 202: In page 53, line 31, to delete “section 17(2) or 23(2)” and substitute “section 23(2)”.

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

Kathleen Lynch: I move amendment No. 203: In page 53, to delete lines 41 to 46.

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

Kathleen Lynch: I move amendment No. 204:In page 54, line 19, after “unless” to insert “there are exceptional emergency circumstances and”.