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Seanad: International Protection Bill 2015: Committee Stage (Resumed) and Remaining Stages (7 Dec 2015)

Jillian van Turnhout: They can be proposed in the Dáil.

Seanad: International Protection Bill 2015: Committee Stage (Resumed) and Remaining Stages (7 Dec 2015)

Jillian van Turnhout: I am withdrawing it because I have got a commitment from the Minister that it will be considered in the Dáil and I am working on the wording for it.

Seanad: International Protection Bill 2015: Committee Stage (Resumed) and Remaining Stages (7 Dec 2015)

Jillian van Turnhout: I will. We already debated this.

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

Jillian van Turnhout: I move amendment No. 3:In page 10, between lines 24 and 25, to insert the following:" "best interpretation" means the interpretation of the relevant person’s past and present communication (using all forms of communication, including, where relevant, total communication, augmented or alternative communication, and non-verbal communication, such as gestures and actions) that seems most...

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

Jillian van Turnhout: -----I want to acknowledge the support of NUIG Centre for Disability Law and Policy and Tallaght Trialogue. While most people simply require recognition of their legal capacity and support to express their will and preferences there will still be a small minority of individuals who are not expressing a will and preference in a manner that others can understand. The Bill must establish the...

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

Jillian van Turnhout: I appreciate the Minister of State's reply and her suggestion that the matter be included within a code of practice.I am conscious this legislation is historic and we are jumping forward. My amendment proposes a framework for these hard cases because without it, there will no framework. I appreciate what has been said about safeguards, so I will withdraw my amendment. I will table it on...

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

Jillian van Turnhout: I support this amendment. I too was contacted by Mervyn Taylor of SAGE, the support and advocacy service for older people, in regard to this issue. SAGE has noted the clear statement in the Department of Health policy document towards a restraint-free environment in nursing homes, which unequivocally states, "Chemical restraint is always unacceptable." Chemical restraint is a violation of...

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

Jillian van Turnhout: I apologise for not being here for the taking of amendment No. 17, which I will resubmit on Report Stage. I am fully supportive of amendment No. 26 tabled by Senator O'Donnell. The Minister of State is very aware that Senator O'Donnell tabled a motion in recent months on this very issue. We had an excellent debate on it in this House. What the Senator is trying to achieve is to ensure...

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

Jillian van Turnhout: I welcome amendment No. 31, in particular, which provides for flexibility in the terms and number of decision-making assistants that an individual can choose. I welcome also amendment No. 45. We will get to amendment No. 162 later. These amendments provide for safeguards in the form of clarifying how complaints can be made about co-decision-makers and decision-making representatives,...

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

Jillian van Turnhout: I have a concern in relation to amendment No. 65. I ask the Minister of State to listen to what I have to say and perhaps consider revising it and coming back to it on Report Stage. Amendment No. 65 provides that a co-decision maker may refuse to acquiesce with an appointer's decision where it is reasonably foreseeable that the decision will result in harm to the appointer or to another...

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

Jillian van Turnhout: I thank the Minister of State.

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

Jillian van Turnhout: Is the Minister of State willing to reconsider moving the amendment?

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

Jillian van Turnhout: That is okay.

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

Jillian van Turnhout: I appreciate that fact. I had suggested the matter be looked at again.

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

Jillian van Turnhout: There is no need as she has agreed to look at it again.

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

Jillian van Turnhout: I have one concern about amendment No. 154 in this group. It provides that a decision making representative can not only be remunerated for expenses incurred in the performance of his or her duties but also if approved by the court. This payment will be made from the assets of the relevant person rather than by the State. I am concerned that this violates the constitutional right of the...

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

Jillian van Turnhout: I wish to speak to amendment No. 203 which proposes to delete section 68(7). Advance health care directives are a welcome addition to the Bill and will provide a way for people to articulate their will and preference for a later date in which their views may become unclear or unknown. This can be useful for treatment decisions relating to end of life situations, mental health crises and age...

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

Jillian van Turnhout: I am speaking to amendment No. 203.

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

Jillian van Turnhout: No, I am speaking to amendment No. 203.

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

Jillian van Turnhout: Maybe if Senator Walsh checks against the Bill when I am talking about a section, he will see I am talking about section 68(7). I am speaking to amendment 203. I believe the provision is unfortunate because it is precisely when people are treated under the Mental Health Act 2001 that people will wish an advance health care directive to take effect. The use of differential standards for...

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