Results 5,181-5,200 of 11,700 for speaker:Roderic O'Gorman

Written Answers — Department of Children, Equality, Disability, Integration and Youth: Childcare Services (15 Dec 2022)

Roderic O'Gorman: The availability of high-quality early learning and childcare is a key Government priority. Since 2015, significant increases in State investment in early learning and childcare has given rise to a substantial growth in the numbers of children participating in these services. Every year, more than 100,000 children participate in the universal pre-school programme (ECCE) and the National...

Written Answers — Department of Children, Equality, Disability, Integration and Youth: Child and Family Agency (15 Dec 2022)

Roderic O'Gorman: My Department has no role in relation to housing. Consequently, I am not in a position to answer on that aspect of this question. Statutory and operational responsibility for the delivery of child protection and welfare services is a matter for Tusla, the Child and Family Agency. The Deputy is seeking information in relation to an operational matter for Tusla. As such, I have referred the...

Assisted Decision-Making (Capacity) (Amendment) Bill 2022: From the Seanad (14 Dec 2022)

Roderic O'Gorman: Many Deputies spoke to me in the process of this legislation. Deputy Mattie McGrath mentioned in some of the earlier debates the very difficult cases in which people have been caught up, the lack of appropriate legislation that existed or, indeed, the wardship process, which is an incredibly blunt process. The whole thrust behind what we are trying to do is create a decision support service...

Assisted Decision-Making (Capacity) (Amendment) Bill 2022: From the Seanad (14 Dec 2022)

Roderic O'Gorman: Amendment No. 38 provides a regulation to make power for my colleague, the Minister for Health, to establish a register of advanced healthcare directives under the 2015 Act. This register will be maintained by the decision support service and will support the alignment of Part 8 of the Act with other parts governing decision support arrangements. The amending provisions will also specify...

Assisted Decision-Making (Capacity) (Amendment) Bill 2022: From the Seanad (14 Dec 2022)

Roderic O'Gorman: I will speak to amendments Nos. 25 to 27, which address wardship transitional arrangements. Where a wardship application is being processed to completion, as part of these transitional arrangements there is nothing to prevent a person who is the subject of a wardship application from appointing a decision supporter under the 2015 Act. Where an appropriate decision support is appointed, the...

Assisted Decision-Making (Capacity) (Amendment) Bill 2022: From the Seanad (14 Dec 2022)

Roderic O'Gorman: In the Dáil we inserted a section. We are ending wardship and introducing a new system. There are certain people who have begun the process of a wardship, who are probably some of the most vulnerable people to have begun that process. We want to ensure they can work their way through the wardship process, get the protections, and also be in a position to exit into the new system. We...

Assisted Decision-Making (Capacity) (Amendment) Bill 2022: From the Seanad (14 Dec 2022)

Roderic O'Gorman: Amendment No. 28 clarifies the title of a new section being introduced by the Bill. The title will now reflect that the section of the Bill amending the Civil Legal Aid Act 1995 relates to Part 6 of the 2015 Act only. Part 6 of the Act is the Part of the Act which deals with wardship. This is a technical amendment for the purposes of improving the text of the final Act.

Assisted Decision-Making (Capacity) (Amendment) Bill 2022: From the Seanad (14 Dec 2022)

Roderic O'Gorman: Amendment No. 29 corrects a cross-referencing matter in the Bill relating to enduring power of attorney, EPA. The amendment will remove a cross-reference to section 62 of the 2015 Act, which is being repealed by the Bill. This is a technical amendment for the purposes of improving the text of the final Act.

Assisted Decision-Making (Capacity) (Amendment) Bill 2022: From the Seanad (14 Dec 2022)

Roderic O'Gorman: Right now, there is a legal challenge to the existing system-----

Assisted Decision-Making (Capacity) (Amendment) Bill 2022: From the Seanad (14 Dec 2022)

Roderic O'Gorman: -----as the Deputy is aware. It is in the back of our minds that the ward of court system is both in breach of the UNCRPD and possibly unconstitutional as well. As the Deputy probably knows, the original Assisted Decision-Making (Capacity) Act was brought in in 2015. It was passed by both Houses and enacted, but the processes were never set up. The Decision Support Service never came into...

Assisted Decision-Making (Capacity) (Amendment) Bill 2022: From the Seanad (14 Dec 2022)

Roderic O'Gorman: Amendment No. 30 replaces an incorrect word in the amendment of section 73 of the Act. The word "subsection" is being replaced by "subject", which will clarify the meaning of the relevant paragraph. This is a technical amendment that will improve the final text of the Bill.

Assisted Decision-Making (Capacity) (Amendment) Bill 2022: From the Seanad (14 Dec 2022)

Roderic O'Gorman: Amendment No. 36 modifies a particular cross-reference relating to EPA regulations. The modification will correct a cross-reference in section 79 of the 2015 Act, which is necessary because of the changes previously made to the Bill. This is a technical amendment that will improve the final text of the Bill.

Assisted Decision-Making (Capacity) (Amendment) Bill 2022: From the Seanad (14 Dec 2022)

Roderic O'Gorman: Amendment No, 37 provides for a regulation-making power to allow for EPAs executed under the Power of Attorney Act 1996 to be registered under the 2015 Act. That will allow those persons who have already gone to the trouble of creating an EPA to register it with the DSS under the 2015 Act, which provides for more efficient procedures and more robust safeguards than the 1996 Act....

Assisted Decision-Making (Capacity) (Amendment) Bill 2022: From the Seanad (14 Dec 2022)

Roderic O'Gorman: These amendments all relate to complaints provisions within the Act and allow for the director to undertake either a review or an investigation of a complaint prior to forming a view as to whether the complaint is well founded. This will reduce the requirement for the Decision Support Service, DSS, to undertake an investigation automatically on each and every occasion a complaint is made,...

Assisted Decision-Making (Capacity) (Amendment) Bill 2022: From the Seanad (14 Dec 2022)

Roderic O'Gorman: This amendment removes the phrase "Act of 2015" from the Act. This is not a phrase that is used elsewhere in the Act and, as such, is being replaced by "Principal Act".

Assisted Decision-Making (Capacity) (Amendment) Bill 2022: From the Seanad (14 Dec 2022)

Roderic O'Gorman: Amendment No. 8 provides for single capacity assessment under section 29 of the Act of 2015 in line with other capacity assessments required under Part 4. This will ensure only one statement of capacity is required by either a registered medical professional or a class of healthcare professionals to be prescribed by regulation. This will reduce the number of capacity assessments required...

Assisted Decision-Making (Capacity) (Amendment) Bill 2022: From the Seanad (14 Dec 2022)

Roderic O'Gorman: These amendments allow for the making of regulations adding to the list of persons or bodies eligible to make an application directly to the Circuit Court under Part 5. This will be done by removing the requirement for parties to first make an ex parteapplication where appropriate. This will permit the bringing of Part 5 applications in a more streamlined and less burdensome way.

Assisted Decision-Making (Capacity) (Amendment) Bill 2022: From the Seanad (14 Dec 2022)

Roderic O'Gorman: This amendment will allow for the undertaking of court reporting and research under Part 5 and gives powers to make regulations providing for certain classes of persons to make reports on proceedings taking place under Part 5. The necessary access to proceedings will be provided and the identity of persons will kept confidential in such reporting. This point was first raised by Deputy...

Assisted Decision-Making (Capacity) (Amendment) Bill 2022: From the Seanad (14 Dec 2022)

Roderic O'Gorman: These amendments extend the capping of decision-making representative fees. Previous amendments provided for the capping of panel member decision-making representative fees and this amendment will ensure limits are imposed on all decision-making representative fees. Regulations will be prescribed to set limits on fees to be charged, which will ensure a proper balance between fair and...

Assisted Decision-Making (Capacity) (Amendment) Bill 2022: From the Seanad (14 Dec 2022)

Roderic O'Gorman: It is important to say that in the vast majority of cases under this legislation, decision-making representatives will not be remunerated for their work because the Act foresees many of them having a close and personal relationship as a condition of their appointment. However, where circumstances require or where it is the express wish of the relevant person, fees are payable and will be met...