Results 2,721-2,740 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. 2:In page 10, between lines 4 and 5, to insert the following:“(3) Part 8and the other provisions of this Act in so far as they relate to an advance healthcare directive or designated healthcare representative, or both, shall come into operation on such day or days as the Minister for Health, after consultation with the Minister, may appoint by order or orders...

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

Kathleen Lynch: I move amendment No. 3:In page 10, to delete line 9. The amendments grouped with amendment No. 3, namely, amendments Nos. 4, 140, 141, 146, 147, 200 and 201, are technical amendments which substitute references to the Companies Act 1990.

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

Kathleen Lynch: I move amendment No. 4:In page 10, between lines 13 and 14, to insert the following: “ “Act of 2014” means the Companies Act 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. 5:In page 10, between lines 13 and 14, to insert the following:“ “advance healthcare directive” shall be construed in accordance with section 55;”.

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

Kathleen Lynch: I move amendment No. 6:In page 10, line 23, to delete “mental” and substitute “decision-making”. The change to the definition of capacity is to remove the implication and the definition is a status-related definition, linked to a person's mental condition. The focus of the Bill is on decision-making capacity as reflected in the Title of the Bill. The definition,...

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

Kathleen Lynch: I move amendment No. 7:In page 10, line 27, to delete “section 16” and substitute “section 13”. These amendments arise from the decision that entry into co-decision-making should be a voluntary choice and not a matter of court order and that autonomy for the administration of co-decision-making should rest with the decision support services formerly referred to as...

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

Kathleen Lynch: This legislation and these amendments, as the Deputy is very well aware, are about allowing people freedom. They may lack capacity in one area but not in another. It is also very much to do with protection. As we know from our experiences, undue influence can often arise in too close a relationship even though people would know one another very well. We need to be careful about that. We...

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

Kathleen Lynch: The new section will be very careful to state that a manager or an owner of an institution cannot be a co-decision-maker. Where a person has been in an institution for a long period of time, he or she may have formed relationships with people. We believe that undue influence could arise if those persons were the owner or manager of the institution and this is a concern of ours. Therefore,...

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

Kathleen Lynch: I move amendment No. 8:In page 10, line 29, to delete “section 16” and substitute “section 13”.

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

Kathleen Lynch: I move amendment No. 9:In page 10, line 31, to delete “section 16” and substitute “section 13”.

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

Kathleen Lynch: I move amendment No. 10:In page 10, to delete lines 32 and 33.

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

Kathleen Lynch: I move amendment No. 11: In page 11, line 2, to delete “Public Guardian” and substitute “Director”. These amendments propose to replace all references to public guardian with that of director. It is proposed that the person appointed will be titled the director of the decision support service. The change of name is to communicate the message that a service is...

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

Kathleen Lynch: I move amendment No. 12:In page 11, between lines 3 and 4, to insert the following:“ “customary occasion” means—(a) the occasion or anniversary of a birth, marriage or civil partnership, or (b) any other occasion on which gifts are customarily made within families or among friends or associates;”. I am sympathetic to Deputy Mac Lochlainn's proposed...

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

Kathleen Lynch: I thank the Deputy and I appreciate his comments. At this stage people will know that we have gone probably wider on this Bill than on any other legislation. There were certain pieces where we could simply not get over that legal hurdle but I assure the Deputy that we will take another look. Amendment No. 161 proposes the deletion of the provisions of section 26(1) as the definition 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. 13:In page 11, line 17, to delete “decision-making representative order” and substitute “decision-making representation order”. As a group, these amendments propose that the title of the order that will apply, when a decision-making representative is appointed, should be changed to decision-making representation order rather than...

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

Kathleen Lynch: I move amendment No. 14:In page 11, between lines 18 and 19, to insert the following:“ “designated healthcare representative” has the meaning assigned to it by section 55*; “Director” has the meaning given to it in section 55;”.

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

Kathleen Lynch: I move amendment No. 15:In page In page 11, to delete lines 24 to 27. Amendments Nos. 15, 338, 339 and 342 propose to remove the specific reference to the European Convention on Human Rights in the provisions of the Bill. The Long Title of this Bill now provides that the protections of the ECHR will apply to all provisions of this Bill and do not need to be referenced in specific sections....

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

Kathleen Lynch: I move amendment No. 16:In page 11, line 29, 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. 17:In page 11, to delete lines 36 and 37. The intention when drafting Part 7 was to develop provisions to protect persons from liability where they took decisions in good faith on the personal welfare of a person with capacity difficulties. The primary target group for these provisions was intended to be health care professionals. When drafting the provisions, we also...

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

Kathleen Lynch: I have spoken to Deputy Ferris and she is satisfied we have addressed those concerns. I do not wish to delay proceedings but it would be helpful if Deputy Keaveney could let us know of his exact concerns in advance. From the very outset we have said that while we are setting provisions in stone in the legislation, we are open to looking at ways to enhance the Bill.