Results 4,481-4,500 of 8,978 for speaker:Pádraig Mac Lochlainn
- Select Committee on Justice, Defence and Equality: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (17 Jun 2015)
Pádraig Mac Lochlainn: That is fair enough.
- Select Committee on Justice, Defence and Equality: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (17 Jun 2015)
Pádraig Mac Lochlainn: Amendments Nos. 17 to 415 were discussed together. Have all of those amendments been dealt with?
- Select Committee on Justice, Defence and Equality: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (17 Jun 2015)
Pádraig Mac Lochlainn: My concerns relate to amendments Nos. 250 and 252, which are my amendments. Could I speak to them now, if that is in order?
- Select Committee on Justice, Defence and Equality: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (17 Jun 2015)
Pádraig Mac Lochlainn: Amendment No. 250 is in line with recommendations from Mental Health Reform to address the concern in respect of the position of incapacitated but compliant patients who are subjected to informal decision-making. Mental Health Reform considers it imperative that measures would be included in the Bill to protect against the inappropriate and-or persistent use of informal decision-making, in...
- Select Committee on Justice, Defence and Equality: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (17 Jun 2015)
Pádraig Mac Lochlainn: When will the Minister of State introduce amendments to the Mental Health Act?
- Select Committee on Justice, Defence and Equality: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (17 Jun 2015)
Pádraig Mac Lochlainn: I have seen multitudes of legislation in which the Government was able to amend a whole range of Acts at the same time when it wanted to bring forward reform. This makes it possible to consistently apply the new reform and I do not understand why the Minister cannot do everything now to amend the relevant Acts rather than make people wait for what will probably be a considerable length of...
- Select Committee on Justice, Defence and Equality: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (17 Jun 2015)
Pádraig Mac Lochlainn: Often, when we engage with legislation, it involves amending a range of different Acts rather than waiting for an Act to be comprehensively changed because that can take a long, long time. This is a very welcome and long overdue reform of this area but I do not understand why the Minister cannot deal with all the issues that are before her rather than wait for the comprehensive reform of the...
- Select Committee on Justice, Defence and Equality: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (17 Jun 2015)
Pádraig Mac Lochlainn: We are clearly not going to reach a meeting of minds on this but I will be monitoring the situation. The Minister will obviously not accept these amendments and the Bill will proceed but I will monitor closely how long it takes to deliver the reforms she proposes.
- Select Committee on Justice, Defence and Equality: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (17 Jun 2015)
Pádraig Mac Lochlainn: I wish to refer to it when speaking on the section.
- Select Committee on Justice, Defence and Equality: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (17 Jun 2015)
Pádraig Mac Lochlainn: I cannot discuss specifically the two amendments submitted because they have been ruled out of order. This is deeply frustrating. May I discuss them at this point?
- Select Committee on Justice, Defence and Equality: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (17 Jun 2015)
Pádraig Mac Lochlainn: I thank the Chairman and I appreciate his assistance. Will the Minister of State consider addressing the two amendments on Report Stage? Amendment No. 103 relates to legal aid.
- Select Committee on Justice, Defence and Equality: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (17 Jun 2015)
Pádraig Mac Lochlainn: There would be a real challenge for the relevant person or those representing such persons. On the matter of one-to-one, this was a standard criterion for capacity. I will resubmit the two amendments on Report Stage and they will be refused again. I am hoping the Minister of State will adopt them. The standard criterion would consider a medical practitioner and a clinical psychologist...
- Select Committee on Justice, Defence and Equality: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (17 Jun 2015)
Pádraig Mac Lochlainn: Will the Minister of State comment on the other issue of standard criteria?
- Select Committee on Justice, Defence and Equality: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (17 Jun 2015)
Pádraig Mac Lochlainn: It reads to me as an entirely reasonable and sensible suggestion. I acknowledge the really substantial number of amendments at more than 400, which shows there has been a serious engagement with the NGOs. However, there is always room for improvement, especially in a Bill of this scale. I appreciate the Minister of State cannot give any assurances now but I ask her to have a look at it as...
- Select Committee on Justice, Defence and Equality: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (17 Jun 2015)
Pádraig Mac Lochlainn: I move amendment No. 122:In page 31, between lines 22 and 23, to insert the following:“(h) the proposed appointee is an employee or agent of an approved centre in which the relevant person resides or is receiving treatment, unless the proposed appointee is a spouse or civil partner, parent, child or sibling of the relevant person.”.
- Select Committee on Justice, Defence and Equality: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (17 Jun 2015)
Pádraig Mac Lochlainn: I move amendment No. 123:In page 31, between lines 40 and 41, to insert the following:“(f) the co-decision-maker becomes an employee or agent of an approved centre in which the relevant person resides or is receiving treatment, where the co-decision-maker is not a spouse or civil partner, parent, child or sibling of the relevant person,”.
- Select Committee on Justice, Defence and Equality: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (17 Jun 2015)
Pádraig Mac Lochlainn: I move amendment No. 143:In page 36, in line 46, to delete “relevant person.” and substitute the following: “relevant person, or (h) upon further investigation by the court, the proposed appointee has other conflicts of interest that would be detrimental to the welfare of the relevant person.”.I will withdraw the amendment on the basis that the Minister of State...
- Select Committee on Justice, Defence and Equality: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (17 Jun 2015)
Pádraig Mac Lochlainn: I submitted amendments Nos. 173 and 178. The issue of restraint of relevant persons is addressed by reference to restrictions on decision-making representatives in section 27 of the Bill. Following representations from Mental Health Reform, I understand it considers it is imperative that the provisions permitting restraint of a person by a decision-making representative should be strictly...
- Select Committee on Justice, Defence and Equality: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (17 Jun 2015)
Pádraig Mac Lochlainn: Would you not agree that these amendments-----
- Select Committee on Justice, Defence and Equality: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (17 Jun 2015)
Pádraig Mac Lochlainn: Sorry, it should be through the Chair. Does the Minister of State go through the Chair on every occasion?