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

Kathleen Lynch: I move amendment No. 389:In page 84, line 28, after “Court” to insert “or the court, as the case may be,”.

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

Kathleen Lynch: I move amendment No. 390:In page 84, line 29, to delete “protective measures” and substitute “measures”.

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

Kathleen Lynch: I move amendment No. 391:In page 84, lines 32 to 34, to delete “The High Court shall arrange for the Central Authority in the State to tell the Central Authority or another competent authority in that other country about” and substitute the following:“The central authority in the State shall inform the central authority in another Convention country or other competent...

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

Kathleen Lynch: I move amendment No. 392:In page 84, line 37, to delete “Central Authority may not” and substitute “central authority in the State shall not”. I interrupt to indicate that the Government will bring in an amendment on Report Stage in relation to clinical trials. We are awaiting legal advice on that, which is why it is not here now. I acknowledge that we might be...

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

Kathleen Lynch: I move amendment No. 393:In page 84, line 40, to delete “if it thinks that” and substitute “if it is of the opinion that”.

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

Kathleen Lynch: I am not accepting the amendment for the same reasons that I have not accepted the other amendment relating to mental health. I believe strongly that this issue would be better dealt with in the review of the Mental Health Act. In this legislation, we have been very careful not to define any group of people. We refer to people who find themselves in certain circumstances but we do not say...

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

Kathleen Lynch: Mental Health Reform and Mental Health Ireland are two groups, along with other groups which are perhaps not as well known or as national, with which we are constantly in contact about a range of issues. I accept that Deputy Mac Lochlainn has to make the argument to the effect that he believes this to be a good amendment. I accept that this is his job. I would be doing the same if I was...

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

Kathleen Lynch: I move amendment No. 395:In page 86, to delete line 26. Section 106 lists the issues to which this Bill does not apply. The amendment proposes to remove the issue of voting from this list as voters are entitled to vote, regardless of their capacity. Again, this is a significant element to be highlighted within the Bill. This relates to voting and people having the right to vote,...

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

Kathleen Lynch: I move amendment No. 396:In page 86, line 29, to delete “or 6” and substitute “, 6 or 8”.

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

Kathleen Lynch: I move amendment No. 397:In page 87, line 5, to delete “or 6” and substitute “, 6 or 8”.

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

Kathleen Lynch: I move amendment No. 398:In page 87, to delete lines 10 to 17. Amendment No. 398 proposes to delete the provision which would have allowed the High Court to alter the will of a person who has lost testamentary capacity. While this would have happened only in exceptional circumstances and where the interests of justice so demanded and while this had been recommended by the Law Reform...

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: I move amendment No. 399:In page 87, between lines 17 and 18, to insert the following:“Appeals 109. An appeal lies—(a) to the High Court from a decision of the Circuit Court exercising any jurisdiction under this Act, and (b) to the—(i) Court of Appeal from a decision of the High Court, or (ii) to the Supreme Court from the High Court in the circumstances laid down 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. 400:In page 90, lines 10 and 11, to delete “, attorney or informal decision-maker for a relevant person” and substitute the following:“, attorney for the relevant person, 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. 402:In page 90, line 19, after “Act” to insert “(other than Part 8)”. Amendment No. 402 proposes to exempt Part 8 dealing with advance health care directives from the review of the Act which the Minister for Justice and Equality will carry out before the Act’s fifth anniversary as the review of Part 8 is separately provided for within...

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

Kathleen Lynch: I move amendment No. 404: In page 91, line 28, 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. 405:In page 91, lines 33 and 34, to delete “decision-making representative” and substitute “, decision-making representative or designated healthcare representative”.

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

Kathleen Lynch: I move amendment No. 406:In page 92, line 32, 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. 407:In page 92, lines 33 and 34, 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. 408:In page 93, line 2, to delete “Public Guardian” and substitute “Director”.

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