Results 5,381-5,400 of 11,892 for speaker:Roderic O'Gorman

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...

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

Roderic O'Gorman: Under the new system, we are moving away from the ward of court-----

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

Roderic O'Gorman: -----and we will have the new Decision Support Service. This envisages situations where people might come in initially with a limitation on their capacity. It might be somebody with a lack of capacity because of a condition that is deteriorating or has had a critical accident. In that situation, the director of the Decision Support Service is in a position to make a determination about...

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

Roderic O'Gorman: I am glad to be here to speak to the last Stage of the Assisted Decision-Making (Capacity) (Amendment) Bill 2022. It is a key Bill that allows us finally to abolish the Victorian concept of wardship from Irish law and thus enhance our compliance with the United Nations Convention on the Rights of Persons with Disabilities, UNCRPD. It will finally allow for the operation of the Decision...

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

Roderic O'Gorman: We had an extensive debate and the Deputy's colleague, Deputy Ward, raised a number of issues, particularly on the applicability of advanced healthcare directives, AHDs. We have since been able, following on from the amendments made in the Seanad, to broaden out the applicability of AHDs. They do not cover everybody, and if he was here I am sure Deputy Ward would make that point. In the...

Seanad: Work Life Balance and Miscellaneous Provisions Bill 2022: Second Stage (14 Dec 2022)

Roderic O'Gorman: I am pleased to address the House on Second Stage of the Work Life Balance and Miscellaneous Provisions Bill. The primary purpose of this Bill is to ensure that Ireland has fully transposed Articles 6 and 9 of the EU Work-life Balance Directive, which are the final elements not already compatible with Irish law. The Bill also fulfils an important and long-standing commitment to extend the...

Seanad: Work Life Balance and Miscellaneous Provisions Bill 2022: Second Stage (14 Dec 2022)

Roderic O'Gorman: I thank Senators for their detailed consideration of and response to the draft Bill. I will do my best to address as many of the issues raised as possible. A wide range of issues were raised, many of which we can look at in more detail on Committee Stage. I will begin by addressing the points made by Senator Keogan regarding the heads of the Bill that were published in the summer. In the...

Written Answers — Department of Children, Equality, Disability, Integration and Youth: EU Data (14 Dec 2022)

Roderic O'Gorman: I would like to confirm that no fines have been charged to my Department, or agencies under the remit of my Department, since the start of the 33rd Dáil by the European Commission relating to cases for infringements of European Union law or failure to transpose EU law.

Written Answers — Department of Children, Equality, Disability, Integration and Youth: Childcare Services (14 Dec 2022)

Roderic O'Gorman: The Sponsorship arrangement available under the National Childcare Scheme (NCS) makes special provision for vulnerable children. The NCS Sponsorship arrangement allows designated bodies to refer children to the Scheme where childcare is needed on child welfare, protection, family support or other specified grounds. Where a referral is made by a Sponsor body, the family will automatically...