Results 4,661-4,680 of 9,147 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: 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?

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

Pádraig Mac Lochlainn: I will review the proceedings later.

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

Pádraig Mac Lochlainn: I do not see the Minister of State looking at you when she is speaking. I just want consistency in the application.

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

Pádraig Mac Lochlainn: I have been corrected three or four times. The Minister is looking at me when she responds and not at you.

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

Pádraig Mac Lochlainn: I will address the Chairman and I ask the Minister of State, in responding, to also look at the Chairman.

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

Pádraig Mac Lochlainn: Does the Minister of State not see these amendments as complementing what is there? They are complementary amendments and strengthen what the Minister of State is trying to achieve. Why not agree to them?

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. 173:In page 42, to delete lines 15 to 25 and substitute the following:“(5) A decision-making representative for a relevant person shall not do an act that is intended to restrain the relevant person unless—(a) the relevant person lacks capacity in relation to the matter in question or the decision-making representative reasonably believes that the relevant...

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. 178:In page 42, between lines 33 and 34, to insert the following:"(d) administers or causes to be administered any medication that has the purpose and/ or effect of sedating or otherwise restraining or restricting the liberty of movement 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: This again deals with the issue of legal aid. I thank the Minister of State for agreeing to re-examine the issue and I ask her again to do so. I will probably resubmit the amendment on Report Stage.

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

Pádraig Mac Lochlainn: This is one of the issues the interest groups brought to our attention. We debated the best way to negotiate on the timeframe involved and decided that six months should be the starting point of the negotiations. The Minister of State argues that six months is too short, while we argue that three years is too long. We tabled amendment No. 192 to ask the Minister of State to reconsider...

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

Pádraig Mac Lochlainn: I can assure the Minister that the amendments are a very good reason to sit here. The legislation is very welcome so it is no problem for us to attend.

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. 237:In page 64, between lines 19 and 20, to insert the following:“(3) The informal decision maker has a duty to explain to the relevant person the options available to them in respect of assisted decision-making, under Part 3 of this Act, and co-decision-making, under Part 4, Chapter 4 of this Act.”.