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Select Committee on Children and Youth Affairs: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (14 Jun 2022)

Mark Ward: I move amendment No. 15: In page 51, line 6, after “charged,” to insert “the means of the donor,”.

Select Committee on Children and Youth Affairs: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (14 Jun 2022)

Mark Ward: I move amendment No. 20: In page 55, between lines 29 and 30, to insert the following: “(ca) notwithstanding a digital first policy, the Director shall set out the circumstances in which electronic form will be waived,”. This amendment relates to the digital divide and digital barriers. Given the nature of the sector, many of the relevant organisations work with...

Select Committee on Children and Youth Affairs: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (14 Jun 2022)

Mark Ward: I move amendment No. 25: In page 60, line 37, to delete "3 months" and substitute "28 days". This amendment seeks to return to the position as set out in the 2015 Act, which provides for 28 days, rather than three months, as proposed in the Bill, before a copy of the report must be forwarded to the Minister.

Select Committee on Children and Youth Affairs: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (14 Jun 2022)

Mark Ward: I withdraw the amendment on the basis that I may return to it on Report Stage.

Select Committee on Children and Youth Affairs: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (14 Jun 2022)

Mark Ward: I move amendment No. 26: In page 61, between lines 22 and 23, to insert the following: "Amendment of section 103 of Principal Act 78.Section 103 of the Principal Act is amended in subsection (3) by the insertion of the following paragraph after paragraph (f): "(g) disabled persons, disabled persons organisations, experts by experience and independent advocacy organisations.".". ...

Select Committee on Children and Youth Affairs: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (14 Jun 2022)

Mark Ward: Based on what the Minister said, I will withdraw amendment No. 26, with the option to return to it on Report Stage.

Select Committee on Children and Youth Affairs: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (14 Jun 2022)

Mark Ward: I move amendment No. 27: In page 61, between lines 22 and 23, to insert the following: "Amendment of section 136 of Principal Act 78.Section 136 of the Principal Act is deleted.".

Select Committee on Children and Youth Affairs: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (14 Jun 2022)

Mark Ward: The Minister said that he does not know and cannot give any clarity as to when the review of the Mental Health Act 2001 will be finalised. It is creating that gap in services where people who are detained under the Mental Health Act will not get the same services and the same rights as other people with disability in regard to this Bill. The Minister made an argument earlier and we voted on...

Select Committee on Children and Youth Affairs: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (14 Jun 2022)

Mark Ward: I move amendment No. 30: In page 62, line 8, to delete “(other than Part 8)”.

Select Committee on Children and Youth Affairs: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (14 Jun 2022)

Mark Ward: I move amendment No. 32: In page 62, between lines 13 and 14, to insert the following: “(2) The review shall be aligned with the review of the Mental Health Act 2001 and subsequent amending Acts.”.”.

Select Committee on Children and Youth Affairs: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (14 Jun 2022)

Mark Ward: I move amendment No. 36: In page 63, to delete lines 2 to 42, to delete page 64, and in page 65, to delete lines 1 to 6. The rationale for removing section 84(1) is that it unnecessarily singles out the National Disability Authority, NDA, as it already has the power to share information with IHREC and it would be more appropriate for IHREC to engage directly with disabled people at...

Select Committee on Children and Youth Affairs: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (14 Jun 2022)

Mark Ward: No.

Select Committee on Children and Youth Affairs: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (14 Jun 2022)

Mark Ward: I move amendment No. 38: "In page 65, line 23, to delete “3 per cent” and substitute “5 per cent”." The targets in this legislation are low. The targets that I have set out are still low. I admit that they are still low, although they are a bit more ambitious. I deliberately set them low in the hopes that the Minister might move on these. It is important to...

Select Committee on Children and Youth Affairs: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (14 Jun 2022)

Mark Ward: My argument then would be that the fact that they will be pushed to get the targets that have been set out indicates that the current strategy is not working. They will struggle to reach 6% by 2025. It is my understanding that designated public officials, DPOs, and non-governmental organisations, NGOs, are not happy with the percentage of the targets. They are happy with the percentage...

Select Committee on Children and Youth Affairs: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (14 Jun 2022)

Mark Ward: I move amendment No. 39: "In page 65, line 26, to delete “4.5 per cent” and substitute “7.5 per cent”."

Select Committee on Children and Youth Affairs: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (14 Jun 2022)

Mark Ward: I move amendment No. 40: "In page 65, line 28, to delete “6 per cent” and substitute “10 per cent”."

Select Committee on Children and Youth Affairs: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (14 Jun 2022)

Mark Ward: I move amendment No. 41: "In page 66, between lines 2 and 3, to insert the following: “(hb) in the performance of its functions as the independent monitoring mechanism under the Convention, to ensure extensive and meaningful engagement with all persons with disabilities in the State, in accordance with Articles 1 and 4(3) of the Convention.”.”"

Select Committee on Children and Youth Affairs: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (14 Jun 2022)

Mark Ward: I move amendment No. 42: "In page 66, line 15, to delete “at least half” and substitute “two-thirds”." Amendment No. 42 is to delete "at least half" and to substitute the words "two thirds". This Bill provides clarity on the role of IHREC's disability advisory committee. Given Ireland's obligation under articles 4.3 and 33 of the CRPD, it would be more...

Select Committee on Children and Youth Affairs: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (14 Jun 2022)

Mark Ward: On amendment No. 30, there is no justification for reviewing Part 8 of the principal Act separately from the remainder of the Act. Even though Part 8 is under the remit of the Minister of Health, the requirement in the provision is for the Minister for Children, Equality, Disability, Integration and Youth to consult with the former in commencing the review process. It would be more...

Select Committee on Children and Youth Affairs: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (14 Jun 2022)

Mark Ward: I move amendment No. 34: In page 62, to delete lines 28 and 29 and substitute the following: “ “A person who fulfils the criteria for detention under the amended Act to the 2001 Principal Act and is resident in an approved centre for mental health treatment.”.”. The current definition of a person prohibited from jury duty in the principal Act is a person who...

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