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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. 191:In page 46, before line 1, to insert the following:“Declarations following review and discharge from wardship35. (1) The wardship court, after reviewing the capacity of the ward, shall—(a) declare that the ward does not lack capacity, or (b) make one or more than one of the following declarations:(i) that the ward lacks capacity, unless the assistance...

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

Kathleen Lynch: I move amendment No. 193:In page 47, between lines 10 and 11, to insert the following:“Director and wards who are adults36. The wardship court may, after consultation with the Director, in respect of— (a) a ward—(i) who was a ward immediately before the commencement of this section, and (ii) who has attained the age of 18 years, or(b) a class of wards—(i) who...

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

Kathleen Lynch: I move amendment No. 194:In page 47, between lines 30 and 31, to insert the following:“Director and wards who are minors37. The wardship court may, after consultation with the Director, in respect of a ward—(a) who was a ward immediately before the commencement of this section, and (b) who has not attained the age of 18 years,direct the Director to exercise such 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. 195:In page 48, to delete line 20.

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

Kathleen Lynch: I move amendment No. 196:In page 48, to delete lines 21 to 22.

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

Kathleen Lynch: I move amendment No. 197:In page 49, line 36, to delete “may” and substitute “shall”.

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

Kathleen Lynch: I move amendment No. 198:In page 50, lines 38 and 39, to delete “that the attorney understands the duties and obligations of an attorney” and substitute “that he or she understands and undertakes to act in accordance with the functions of an attorney”. The provision is intended as an extra safeguard to ensure that the attorney makes a commitment, in advance 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. 199:In page 51, line 3, 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. 200:In page 51, lines 29 to 30, to delete “section 150 of the Act of 1990” and substitute “section 819 of the Act of 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. 201:In page 51, lines 32 and 33, to delete “by virtue of Part VII of the Act of 1990” and substitute “within the meaning of Chapter 4 of Part 14 of the Act of 2014 by virtue of that Chapter”.

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

Kathleen Lynch: I move amendment No. 202: In page 53, line 31, to delete “section 17(2) or 23(2)” and substitute “section 23(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. 203: In page 53, to delete lines 41 to 46.

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

Kathleen Lynch: I move amendment No. 204:In page 54, line 19, after “unless” to insert “there are exceptional emergency circumstances and”.

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

Kathleen Lynch: I move amendment No. 205:In page 54, line 24, after “prevent” to insert “an imminent risk of serious”.

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

Kathleen Lynch: I move amendment No. 206:In page 54, line 33, before “restricts” to insert “intentionally”.

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

Kathleen Lynch: I move amendment No. 207:In page 54, line 33, to delete “movement” and substitute “voluntary movement or behaviour”.

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

Kathleen Lynch: I move amendment No. 208:In page 54, to delete lines 37 to 40 and substitute the following:“(6) An attorney for a donor who restrains the donor pursuant to this section shall cease the restraint immediately upon the restraint no longer being necessary in order to prevent an imminent risk of serious harm to the donor or to another person.”.

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

Kathleen Lynch: I move amendment No. 209:In page 56, line 30, 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. 210:In page 56, line 37, 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. 211:In page 57, line 18, to delete “Public Guardian” and substitute “Director”.

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