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Mother and Baby Institutions Payment Scheme Bill 2022: Report Stage (Resumed) (22 Feb 2023)

Roderic O'Gorman: I move amendment No. 55: In page 27, between lines 25 and 26, to insert the following: “Provision supplementary to sections 36, 37 and 38 34.(1) The Chief Deciding Officer shall, where he or she receives an application to which section 36or 37(2)applies or a notification under section 38(2), satisfy himself or herself that the person concerned is authorised under section 36,...

Mother and Baby Institutions Payment Scheme Bill 2022: Report Stage (Resumed) (22 Feb 2023)

Roderic O'Gorman: I move amendment No. 56: In page 27, between lines 33 and 34, to insert the following: “(3) Where an applicant fails to comply with a request under section 21(2), 23(1)or 27(5)within the period specified by the Chief Deciding Officer under the provision concerned, the Chief Deciding Officer shall send the applicant a notice in writing— (a) requiring him or her, within 60...

Mother and Baby Institutions Payment Scheme Bill 2022: Report Stage (Resumed) (22 Feb 2023)

Roderic O'Gorman: It is important in a situation where someone initially makes an application and decides not to take it any further that there is a process for them to inform the chief deciding officer that they are not taking it any further. It is necessary in a scheme of this scale that the chief deciding officer is able to make a determination after a period of time that the application is no longer live....

Mother and Baby Institutions Payment Scheme Bill 2022: Report Stage (Resumed) (22 Feb 2023)

Roderic O'Gorman: I move amendment No. 40: In page 24, to delete line 20 and substitute the following: "(a) subject to paragraph (b)and (c), the applicant, (b) where section 36applies to the application, the person who made the application on behalf of the applicant, or".

Mother and Baby Institutions Payment Scheme Bill 2022: Report Stage (Resumed) (22 Feb 2023)

Roderic O'Gorman: I move amendment No. 41: In page 24, to delete lines 28 to 33 and substitute the following: "(3) A person who receives a payment under paragraph (a)or (b)of subsection (1), or the personal representative of a person in respect of whom a payment is made under paragraph (c)of that subsection, shall not institute civil proceedings, and shall discontinue any other proceedings instituted, by...

Mother and Baby Institutions Payment Scheme Bill 2022: Report Stage (Resumed) (22 Feb 2023)

Roderic O'Gorman: I move amendment No. 42: In page 24, lines 35 and 36, to delete all words from and including "an applicant, having made an application under section 14—" in line 35 down to and including line 36 and substitute ", an application having been made under section 19, the applicant—".

Mother and Baby Institutions Payment Scheme Bill 2022: Report Stage (Resumed) (22 Feb 2023)

Roderic O'Gorman: I move amendment No. 43: In page 24, line 37, to delete "section 34" and substitute "section 40(1)"

Mother and Baby Institutions Payment Scheme Bill 2022: Report Stage (Resumed) (22 Feb 2023)

Roderic O'Gorman: I move amendment No. 44: In page 24, between lines 37 and 38, to insert the following: "(b) is deemed, under section 40(5), to have withdrawn his or her application,"

Mother and Baby Institutions Payment Scheme Bill 2022: Report Stage (Resumed) (22 Feb 2023)

Roderic O'Gorman: I move amendment No. 45: In page 25, line 6, to delete "by" and substitute "by or on behalf of".

Mother and Baby Institutions Payment Scheme Bill 2022: Report Stage (Resumed) (22 Feb 2023)

Roderic O'Gorman: I move amendment No. 46: In page 25, line 8, to delete "his or her application under section 14" and substitute "the application concerned".

Mother and Baby Institutions Payment Scheme Bill 2022: Report Stage (Resumed) (22 Feb 2023)

Roderic O'Gorman: I move amendment No. 47: In page 25, line 11, to delete "the relevant person’s application under section 14" and substitute "the application concerned"

Mother and Baby Institutions Payment Scheme Bill 2022: Report Stage (Resumed) (22 Feb 2023)

Roderic O'Gorman: I move amendment No. 48: In page 25, line 14, after "application," to insert "is deemed under section 40(5)to have withdrawn his or her application".

Mother and Baby Institutions Payment Scheme Bill 2022: Report Stage (Resumed) (22 Feb 2023)

Roderic O'Gorman: I move amendment No. 49: In page 25, between lines 16 and 17, to insert the following: "(3) Where consideration under this Act of an application, review or appeal is resumed pursuant to a direction undersection 40(7), this section shall apply in respect of the period following such resumption, subject to the following modifications and any other necessary modifications: (a) the...

Mother and Baby Institutions Payment Scheme Bill 2022: Report Stage (Resumed) (22 Feb 2023)

Roderic O'Gorman: Regarding what this section seeks to achieve and responding to the questions raised by Deputy Funchion and Deputy Boyd Barrett about why you would send back for more information, this section would primarily apply in a situation where an applicant has made an application, the deciding officer has said their name is not in the database at the moment and asks them to provide information about...

Mother and Baby Institutions Payment Scheme Bill 2022: Report Stage (Resumed) (22 Feb 2023)

Roderic O'Gorman: It is in no way proposed that the making of an affidavit will become the general approach. The legislation has been designed in such a way as to minimise the need for survivors or applicants to have to relive the trauma, to the extent that is possible, and the approach that has been adopted has been to provide for an application to be made, following which the officials will look through the...

Mother and Baby Institutions Payment Scheme Bill 2022: Report Stage (Resumed) (22 Feb 2023)

Roderic O'Gorman: I move amendment No. 35: In page 22, between lines 36 and 37, to insert the following: “(ii) subject to section 30— (I) an offer to the applicant of a payment to him or her of the amount concerned, and (II) a statement of the effect of sections 31, 32 and 33,”.

Mother and Baby Institutions Payment Scheme Bill 2022: Report Stage (Resumed) (22 Feb 2023)

Roderic O'Gorman: I move amendment No. 36: In page 22, to delete lines 37 to 39.

Mother and Baby Institutions Payment Scheme Bill 2022: Report Stage (Resumed) (22 Feb 2023)

Roderic O'Gorman: I move amendment No. 37: In page 23, line 1, to delete “where” and substitute “subject to section 30, where”.

Mother and Baby Institutions Payment Scheme Bill 2022: Report Stage (Resumed) (22 Feb 2023)

Roderic O'Gorman: I move amendment No. 38: In page 23, line 6, to delete “where” and substitute “subject to section 30, where”.

Mother and Baby Institutions Payment Scheme Bill 2022: Report Stage (Resumed) (22 Feb 2023)

Roderic O'Gorman: I move amendment No. 39: In page 23, line 38, to delete “section 34” and substitute “section 40(1)”. I will speak to the group. The notion of deemed withdrawal of an application, review or appeal is proposed for inclusion to provide clarity around what should happen where an applicant ceases to engage on an application for a sustained period of time. This is...

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