Results 2,741-2,760 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: There was a concern about giving too much power to an informal decision-maker, but we feel we have addressed that. We did receive correspondence from the centre in Galway. We can discuss the matter in a less formal setting if the Deputies wish to speak to the officials and we can see whether people are satisfied with the amendments we have made.

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

Kathleen Lynch: It is important to say that I am not certain we will be able to address all concerns. I do not make such a commitment. What I say is that we are open to changes that are reasonable and that will make the Bill better.

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

Kathleen Lynch: On Deputy Mac Lochlainn's amendment No. 250, section 104 already provides that this Bill does not authorise a person to take a decision to give a patient treatment for mental disorder or to consent to that treatment where that is regulated by Part 4 of the 2001 Act. The Department of Health is currently developing its policy approach regarding the review of the Mental Health Act. This will...

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

Kathleen Lynch: It is being worked on. This type of legislation is extensive and needs to be very carefully crafted and the drafters will start on the process very shortly. They have already held discussions with the Department of Health about how we will do it. The first thing we will do, because it is easier than other aspects, is deal with people who are unwilling to undergo ECT.

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

Kathleen Lynch: I am normally very open to these things and I always say I am no great expert on these things nor the holder of all knowledge. However, I genuinely believe that the best place to deal with this is within the Mental Health Act. I understand what the Deputy says about the amended piece of legislation but the recommendations that came from the review group on the Mental Health Act are not...

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

Kathleen Lynch: This Bill is about capacity and the ability to make decisions, sometimes in very limited circumstances and in very short windows of time. It is about constantly assessing capacity but it is not about mental health, even though it will apply to that. It is not about any one section of society. I would not say this if I did not mean it and I am sure the Deputy is as passionate about what he...

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

Kathleen Lynch: I will be doing that myself.

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

Kathleen Lynch: I move amendment No. 19:In page 12, line 3 and 4, to delete "or informal decision-maker for the relevant person" and substitute ", 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. 20:In page 12, line 5, 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. 21:In page 12, lines 15 and 16, to delete "is being called into" and substitute "is in". These are minor drafting amendments.

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

Kathleen Lynch: I move amendment No. 22:In page 12, line 16, to delete "be called into" and substitute "be 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. 23:In page 12, between lines 21 and 22, to insert the following: " "owner", in relation to a nursing home, includes a person managing a nursing home, mental health facility, or residential facility for persons with disabilities, or a director (including a shadow director within the meaning of section 222 of the Act of 2014) of, or a shareholder in or an employee or agent...

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

Kathleen Lynch: I move amendment No. 24:In page 12, between lines 25 and 26, to insert the following:“ “personal welfare”, in relation to a relevant person, means one or more of the following matters:(a) accommodation, including whether or not the relevant person should live in a nursing home or residential facility; (b) participation by the relevant person in employment, education or...

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

Kathleen Lynch: I move amendment No. 25:In page 12, between lines 25 and 26, to insert the following:“ “property and affairs”, in relation to a relevant person, means one or more of the following matters:(a) the custody, control and management of some or all of the relevant person’s property or property rights; (b) the sale, exchange, mortgaging, charging, gift or other...

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

Kathleen Lynch: I move amendment No. 26:In page 12, to delete lines 26 to 28.

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

Kathleen Lynch: I move amendment No. 27:In page 12, between lines 28 and 29, to insert the following:“ “registered medical practitioner” has the meaning assigned to it by section 2 of the Medical Practitioners Act 2007;”. This is a technical amendment to add clarity and provides for a definition of registered medical practitioner.

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

Kathleen Lynch: I move amendment No. 28:In page 12, lines 44 and 45, to delete “, subject to section 17(3),”.

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

Kathleen Lynch: I move amendment No. 29:In page 13, line 4, to delete “decision-making representative order” and substitute “decision-making representation order”.

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

Kathleen Lynch: I move amendment No. 30:In page 13, line 8, to delete “and”. These are, in the main, technical amendments. The purpose of amendment No. 106 is to expand the listing under section 14(3) to include designated health care representatives - that is, to provide that designated health care representatives do not need the consent of the court to make an application to the court in...

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

Kathleen Lynch: No.