Results 5,361-5,380 of 11,700 for speaker:Roderic O'Gorman

Seanad: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Report Stage (29 Nov 2022)

Roderic O'Gorman: I thank Senator Black for her amendment. The Senator expressed many of my views on why this is necessary. She is correct that the amendment we brought forward does not create a new power. There is an inherent jurisdiction of the High Court in making decisions but we, in our engagements with the Department of Health, felt it was necessary to signpost to the High Court in order to protect...

Seanad: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Report Stage (29 Nov 2022)

Roderic O'Gorman: The amendment proposes to create a new subsection under section 8 of the 2015 Act. Section 8 provides the guiding principles which underpin the Act, specifically with regard to making an intervention in respect of a relevant person. The amendment seeks to have the guiding principles interpreted in line with the UN convention, in particular, Article 12 and General Comment 1 of the UNCRPD....

Seanad: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Report Stage (29 Nov 2022)

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

Seanad: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Report Stage (29 Nov 2022)

Roderic O'Gorman: As the Senator said, this issue was raised by Deputy Sherlock during the debate on this matter in the Dáil and I agreed to look at the issue again. We made a change to section 36 of the principal Act and it now provides for anonymised court reporting by legal professionals. Senator Seery Kearney spoke about this issue in the context of child law reporting and suggested that if there...

Seanad: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Report Stage (29 Nov 2022)

Roderic O'Gorman: This amendment clarifies the title of the new section being introduced by the Bill. The title will now reflect that this 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 deals with wardship. This is a technical amendment for the purpose of improving the text of the final Act.

Seanad: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Report Stage (29 Nov 2022)

Roderic O'Gorman: The proposed amendment seeks to delete provisions in the Bill that remove treatment decisions from enduring powers of attorney, EPAs. While I note the purpose of the Senator's amendment, I believe the provisions her amendment seeks to delete are important in providing legal clarity. The importance of such legal clarity should not be underestimated. The removal of treatment decisions from...

Seanad: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Report Stage (29 Nov 2022)

Roderic O'Gorman: Amendment No. 11 replaces an incorrect word in the amendment of section 73 of the Act. The word "subsection" is being replaced with "subject", which will clarify the meaning of the relevant paragraph. It is a technical amendment that will improve the final text of the Bill.

Seanad: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Report Stage (29 Nov 2022)

Roderic O'Gorman: Amendment No. 12 modifies cross-referencing 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. It is a technical amendment that will improve the final text of the Bill.

Seanad: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Report Stage (29 Nov 2022)

Roderic O'Gorman: Amendment No. 15 seeks to delete a provision relating to the ongoing care of pregnant directive-makers where the High Court is deliberating on the validity and applicability of an AHD. In general, section 89 concerns the role of the courts in clarifying, where necessary, the validity and applicability of an AHD. In the first instance, it is intended that the informal process set out in...

Seanad: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Report Stage (29 Nov 2022)

Roderic O'Gorman: As Senator Mullen said, we discussed two issues on Committee Stage. One related to a situation where an AHD is silent, an accident has taken place and there is a question about how a determination has been made. Our meeting and subsequent engagements were useful. We discussed section 85(5), which deals with an informal engagement to ascertain the will and preference of a pregnant woman and...

Seanad: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Report Stage (29 Nov 2022)

Roderic O'Gorman: Section 149 originally provided for a full review of the 2015 Act with the exception of Part 8, which falls under the responsibility of the Department of Health. Through Government amendments tabled in the Dáil by me, this review will now include Part 8, which has been agreed with the Department of Health. This was an important broadening of the capacity to review and reflected issues...

Seanad: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Report Stage (29 Nov 2022)

Roderic O'Gorman: The provision makes it an inclusive and broad review process. Initially, it will review how the legislation itself is working, but we are aware of the need to be inclusive and to understand how the legislation is operating in the wider context.

Seanad: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Report Stage (29 Nov 2022)

Roderic O'Gorman: This amendment extends the cap on Circuit Court judges to 40, an increase of three. I am aware that the commencement of the 2015 Act will impact the Circuit Court, particularly in terms of the appointment of decision-making representatives under Part 5. All decision-making representative applications will go to the Circuit Court once the Act is commenced. When combined with the changes...

Seanad: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Report Stage (29 Nov 2022)

Roderic O'Gorman: Amendments No. 23 and 24 ensure that there is clarity regarding the appointment of care representatives under the Nursing Homes Support Scheme Act 2009, particularly those appointed after the enactment and commencement of this Bill. In that regard, this group of amendments chiefly improves continuity and transitional provision. Following commencement of the amended 2015 Act, care...

Seanad: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Report Stage (29 Nov 2022)

Roderic O'Gorman: I will speak to each of the amendments in the grouping. While I understand the intent behind amendment No. 27, the current wording is problematic as it is not feasible or practical to specify in law that IHREC must extensively engage with all persons with a disability. This could lead to a situation in which IHREC undertook a detailed consultation process and, yet, becomes subject to a...

Seanad: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Report Stage (29 Nov 2022)

Roderic O'Gorman: I thank the Senators for their kind comments. It is an important day. We are today taking the second-last step towards consigning wardship to being a historical point rather than a lived reality. It is a Victorian institution but it remains a lived reality for thousands of people in our country today. That is no longer an appropriate mechanism to deal with the many sensitive, personal,...

Written Answers — Department of Children, Equality, Disability, Integration and Youth: Departmental Policies (29 Nov 2022)

Roderic O'Gorman: On 29 March last, the Government approved high-level proposals for a National Centre for Research and Remembrance to be located on the site of the former Magdalen Laundry on Sean McDermott Street in Dublin 1. The Centre will stand as a site of conscience, and will be a national memorial to honour equally all those who were resident in Mother and Baby Homes, Industrial Schools,...

Written Answers — Department of Children, Equality, Disability, Integration and Youth: Ukraine War (29 Nov 2022)

Roderic O'Gorman: I can confirm to the Deputy that in excess of 35,000 beds are contracted to my Department with more than 650 accommodation providers for the purposes of accommodating Beneficiaries of Temporary Protection (BOTPs). This accommodation includes hotels, guesthouses, B&Bs, hostels, commercial self-catering and certain other repurposed settings. Other accommodation sources include -...

Written Answers — Department of Children, Equality, Disability, Integration and Youth: Ukraine War (29 Nov 2022)

Roderic O'Gorman: I can confirm to the Deputy that my Department treats all complaints about accommodation with the utmost seriousness and is committed to reviewing and acting on all complaints in a timely and efficient manner. If a complaint requires an inspection, my Department will arrange for an inspection to be conducted by QTS Health and Safety Ltd on our behalf. If the inspection identifies any issues,...

Written Answers — Department of Children, Equality, Disability, Integration and Youth: Gender Equality (29 Nov 2022)

Roderic O'Gorman: I propose to take Questions Nos. 483, 484 and 485 together. Regulations have been made under the Gender Pay Gap Information Act 2021 which enable reporting in 2022. The Regulations require organisations with over 250 employees to report on their gender pay gap in 2022. Employers were required to choose a ‘snapshot’ date in June 2022 and to base their reporting on the employees...