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

Kathleen Lynch: I move amendment No. 31:In page 13, line 14, to delete “relevant person;” and substitute the following:“relevant person, and(e) in relation to a decision made, or to be made, by a designated healthcare representative on behalf of a relevant person, means a decision by the representative pursuant to the exercise or proposed exercise, as the case may be, of his or her...

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

Kathleen Lynch: I move amendment No. 32:In page 13, line 18, to delete “being called into” and substitute “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. 33:In page 13, line 19, to delete “called into” and substitute “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. 34:In page 13, between lines 29 and 30, to insert the following:“ “relevant powers” has the meaning assigned to it by 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. 35:In page 13, line 33, 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. 36:In page 13, line 37, to delete “section 18(2)” and substitute “section 14(2)*”.

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

Kathleen Lynch: I move amendment No. 37:In page 13, line 40, to delete “section 24(1)” and substitute “section 23(4)*”. Amendment No. 37 is a technical amendment to correct a cross-reference. Amendment No. 124 proposes the first of the changes consequent on co-decision-making being moved out of the courts. As co-decision-making is now a voluntary option, a person cannot be...

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

Kathleen Lynch: I move amendment No. 38:In page 14, lines 21 and 22, to delete “decision-making assistance agreement,”. Amendment No. 38 proposes to remove the reference to "decision-making assistance agreement" as a person will not have to undergo a capacity test to enter a decision-making assistance agreement. If a person believes that his or her capacity is in question or will shortly be...

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

Kathleen Lynch: I move amendment No. 39:In page 14, lines 22 and 23, to delete "or enduring power of attorney" and substitute ", enduring power of attorney or advance healthcare directive".

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

Kathleen Lynch: I move amendment No. 40:In page 14, line 24, to delete "understand" and substitute "understand, at the time that a decision is to be made,".

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

Kathleen Lynch: I move amendment No. 41:In page 14, line 24, to delete "a" and substitute "the".

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

Kathleen Lynch: I move amendment No. 42:In page 14, line 26, to delete "the time the decision is made" and substitute "that time".

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

Kathleen Lynch: I move amendment No. 43:In page 14, line 30, after "information" to insert "long enough to make a voluntary choice".

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

Kathleen Lynch: I move amendment No. 44:In page 14, line 34, to delete "assisted" and substitute "assistive".

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

Kathleen Lynch: I move amendment No. 45:In page 14, line 41, to delete "simple" and substitute "clear".

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

Kathleen Lynch: I move amendment No. 46:In page 14, after line 45, to insert the following:"(5) The fact that a person lacks capacity in respect of a decision on a particular matter at a particular time does not prevent him or her from being regarded as having capacity to make decisions on the same matter at another time. (6) The fact that a person lacks capacity in respect of a decision on a particular...

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

Kathleen Lynch: I move amendment No. 47:In page 15, to delete lines 7 and 8.

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

Kathleen Lynch: I move amendment No. 48:In page 15, line 9, to delete "sections 15 and 110" and substitute "sections 15, 58(6)(b), 62(2) and 110".

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

Kathleen Lynch: I move amendment No. 49:In page 15, between lines 20 and 21, to insert the following:"(2) An application to the Circuit Court under this Act may be made--(a) in such office of, or attached to, the Circuit Court within the circuit concerned, (b) in such combined court office (within the meaning of section 14 of the Courts and Court Officers Act 2009) within the circuit concerned, or (c) 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. 50:In page 15, line 35, after "Minister" to insert "or the Minister for Health". This amendment is to allow the Minister for Health's expenses in the administration of the Act to be paid from the Exchequer. The Minister may have expenses arising from the provisions regarding advance health care directives, which is the only part of the Act under which the Department of...

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