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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. 395:In page 86, to delete line 26. Section 106 lists the issues to which this Bill does not apply. The amendment proposes to remove the issue of voting from this list as voters are entitled to vote, regardless of their capacity. Again, this is a significant element to be highlighted within the Bill. This relates to voting and people having the right to vote,...

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

Kathleen Lynch: I move amendment No. 396:In page 86, line 29, to delete “or 6” and substitute “, 6 or 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. 397:In page 87, line 5, to delete “or 6” and substitute “, 6 or 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. 398:In page 87, to delete lines 10 to 17. Amendment No. 398 proposes to delete the provision which would have allowed the High Court to alter the will of a person who has lost testamentary capacity. While this would have happened only in exceptional circumstances and where the interests of justice so demanded and while this had been recommended by the Law Reform...

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

Kathleen Lynch: Yes.

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

Kathleen Lynch: I move amendment No. 399:In page 87, between lines 17 and 18, to insert the following:“Appeals 109. An appeal lies—(a) to the High Court from a decision of the Circuit Court exercising any jurisdiction under this Act, and (b) to the—(i) Court of Appeal from a decision of the High Court, or (ii) to the Supreme Court from the High Court in the circumstances laid down 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. 400:In page 90, lines 10 and 11, to delete “, attorney or informal decision-maker for a relevant person” and substitute the following:“, attorney for the relevant person, 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. 402:In page 90, line 19, after “Act” to insert “(other than Part 8)”. Amendment No. 402 proposes to exempt Part 8 dealing with advance health care directives from the review of the Act which the Minister for Justice and Equality will carry out before the Act’s fifth anniversary as the review of Part 8 is separately provided for within...

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

Kathleen Lynch: I move amendment No. 404: In page 91, line 28, 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. 405:In page 91, lines 33 and 34, to delete “decision-making representative” and substitute “, decision-making representative or designated healthcare representative”.

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

Kathleen Lynch: I move amendment No. 406:In page 92, line 32, 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. 407:In page 92, lines 33 and 34, 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. 408:In page 93, line 2, 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. 409:In page 93, line 14, 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. 410:In page 9, line 10, to delete “IN THE FUTURE;” and substitute the following: “IN THE FUTURE, HAVING REGARD, inter alia, TO THE PROTECTIONS AFFORDED BY THE CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS DONE AT ROME ON THE 4TH DAY OF NOVEMBER 1950 AS IT APPLIES IN THE STATE;”. Amendments Nos. 410 to 412, inclusive,...

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

Kathleen Lynch: I move amendment No. 411:In page 9, lines 13 and 14, to delete “(SUBJECT TO THE APPROVAL OF THE CIRCUIT COURT)”.

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

Kathleen Lynch: I move amendment No. 412:In page 9, lines 18 and 19, to delete “THE APPROVAL BY THE CIRCUIT COURT OF CODECISION-MAKING AGREEMENTS 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. 414:In page 9, lines 22 and 23, to delete “INFORMAL DECISION-MAKING” and substitute “DECISION-MAKING ON PERSONAL WELFARE MATTERS”.

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

Kathleen Lynch: I move amendment No. 415:In page 9, line 25, to delete “DECISION-MAKING ASSISTANTS,”.

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

Kathleen Lynch: I move amendment No. 416:In page 9, line 27, after “PERSONS;” to insert the following:“TO PROVIDE FOR THE MAKING OF ADVANCE HEALTHCARE DIRECTIVES BY PERSONS OF THEIR WILL AND PREFERENCES CONCERNING MEDICAL TREATMENT DECISIONS SHOULD SUCH A PERSON SUBSEQUENTLY LACK CAPACITY; TO PROVIDE FOR THE APPOINTMENT IN ADVANCE HEALTHCARE DIRECTIVES OF DESIGNATED HEALTHCARE...

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