Results 14,481-14,500 of 15,268 for speaker:Kathleen Lynch

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)

Kathleen Lynch: Amendments Nos. 8, 48 to 50, inclusive, 56, 73, 76, 82, 95, 106, 107, 116, 131 and 232 are technical amendments to correct cross-references or typographical errors. That will drive the Senator mad but there it is. It has to be done. Amendment No. 8 is a technical amendment to correct an incorrect cross-reference. Amendments Nos. 48 to 50 are technical amendments to specify the...

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)

Kathleen Lynch: I will take this as slowly as possible because it is a huge group of amendments. I understand the Senator's frustration. We will do this as painlessly as possible. Amendment No. 9 is intended to define intervention more accurately as the actions which directly have an impact on a relevant person. These can include an action by an intervener, a court order or a direction made by a court....

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)

Kathleen Lynch: I beg the Senator's pardon but I cannot hear him very clearly.

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)

Kathleen Lynch: From what page is the Senator reading?

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)

Kathleen Lynch: We are trying to tidy up the Bill and as the Senator has stated, it is difficult enough to get our heads around it. All the information relating to the obligations by co-decision-makers and others will be in section 8. We are trying to tidy it up.

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)

Kathleen Lynch: These will be grouped in section 8 after the amendments. We are trying to tidy this up. The powers of attorney section will have all its provisions together and that is why there are extensive-----

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)

Kathleen Lynch: We have not yet come to that part, as the Senator might have gathered. It is page-----

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)

Kathleen Lynch: This is why there is a difference. My reference is for page 4. I want to be careful about the information I am giving. The amendment states:In page 18, between lines 31 and 32, to insert the following:“(10) The intervener, in making an intervention in respect of a relevant person—(a) shall not attempt to obtain relevant information that is not reasonably required-----

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)

Kathleen Lynch: Yes.

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)

Kathleen Lynch: It will be an amended section.

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)

Kathleen Lynch: Amendments Nos. 14, 43, 63 and 240 to 243, inclusive, are intended to insert provisions to ensure that information is sourced, used and stored correctly and in compliance with data protection obligations. The proposed amendment No. 14 is intended to bring the Bill into compliance with the Data Protection Act by including a definition of "relevant information". This definition will enable...

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)

Kathleen Lynch: This is a technical amendment. It is considered good drafting practice for the legislation which is to be repealed to be included in the same section. No change of substance is involved. The Bill proposes to repeal, as previously agreed, the Marriage of Lunatics Act 1811, which seems so ridiculous now. The Lunacy Regulation (Ireland) Act 1871 will be repealed with the exception of the...

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)

Kathleen Lynch: I will speak first to amendment No. 29.

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)

Kathleen Lynch: Amendment No. 29 seeks to ensure that the Bill complies with the Data Protection Acts - it is a technical amendment - by prescribing the data protection obligations that will arise for all interveners under section 8. All interveners will be obliged not to attempt to obtain or to use information acquired in relation to a relevant person other than for the purposes of the decision....

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)

Kathleen Lynch: On amendment No. 26, tabled by Senator Marie-Louise O'Donnell, we have had this discussion over and over again and we are at one about what should happen, but the difficulty is that this is the wrong piece of legislation. As the Senator rightly pointed out, there are many pieces of legislation into which these types of safeguards on will and preference should be inserted. Unfortunately,...

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)

Kathleen Lynch: That is cheap in some cases.

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)

Kathleen Lynch: I seek to reassure the Senator again. What we seriously need to do is start to create different types of communities in order that one would not have circumstances whereby a person is in a home that is way too big for him or her, as a big house is difficult to heat and stairs are difficult to negotiate among other matters. Perhaps we need to start from the perspective of the Department of...

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)

Kathleen Lynch: I listened with interest because as public representatives, this issue has come to the attention of all Members, namely, the awful devastation when people get a statement and make a discovery about money they believed to be absolutely secure and people will ask how much more secure can it be than when the courts are minding it for them. However, we are moving away from a court system and...

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)

Kathleen Lynch: In the case of such repayments, for instance where a child is damaged at birth, the Government is changing to a more progressive funding model whereby people will be paid through their lives rather than expecting to invest. Even though it is an enormous sum, as the Senator noted, one has no indication as to what can happen in respect of stocks, bonds and all those things unless one puts it...

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)

Kathleen Lynch: Yes.