Results 561-580 of 15,268 for speaker:Kathleen Lynch

Assisted Decision-Making (Capacity) Bill 2013: From the Seanad (Resumed) (17 Dec 2015)

Kathleen Lynch: I will be brief because I have said as much as I need to say on this issue. The Bill provides that while the decision support service will, in the first instance, lay its report before the Minister for Health, it will also lay it before the Minister for Justice and Equality because the Minister for Justice and Equality has responsibility for the legislation. The Minister for Health simply...

Assisted Decision-Making (Capacity) Bill 2013: From the Seanad (17 Dec 2015)

Kathleen Lynch: The Deputy is easily baffled.

Assisted Decision-Making (Capacity) Bill 2013: From the Seanad (17 Dec 2015)

Kathleen Lynch: It is very much independent.

Assisted Decision-Making (Capacity) Bill 2013: From the Seanad (17 Dec 2015)

Kathleen Lynch: This Bill has been four years in gestation and we have had two years of consultation, which is why it has been amended repeatedly. The Bill is not the same as the one that first appeared. There is no resemblance. The Title has changed as has the concept underpinning the Bill. The term "best interests" was used in the Bill when it first appeared. We now talk about "will" and "preference",...

Assisted Decision-Making (Capacity) Bill 2013: From the Seanad (17 Dec 2015)

Kathleen Lynch: I am not saying they said it. The Mental Health Commission is truly independent. We have a job of work to do which will happen over the next six months. There will be a rebranding, which will benefit both sides. However, the Mental Health Commission has the expertise in terms of standards, functionality and human rights in this area. It has the expertise in terms of dealing with people...

Assisted Decision-Making (Capacity) Bill 2013: From the Seanad (17 Dec 2015)

Kathleen Lynch: The policing authority is attached to the Department of Justice and Equality. If one makes that argument about the policing authority, one clearly has to make the same argument about the decision support services. It will be attached to another body, which gets Government funding, but it is independent.

Assisted Decision-Making (Capacity) Bill 2013: From the Seanad (17 Dec 2015)

Kathleen Lynch: It will be independent in its operation but it is attached to another body. If we are to examine this issue again, I can tell Deputy Mac Lochlainn that the Bill will be left in the wilderness.

Assisted Decision-Making (Capacity) Bill 2013: From the Seanad (17 Dec 2015)

Kathleen Lynch: The two new bodies mentioned are self-funding, which is the central difference. For as long as I am involved in politics I will not allow the imposition of financial penalties in this area. I have a particular problem with the association of the Road Safety Authority with the Mental Health Commission. The fundamental difference is that the Road Safety Authority is self-financing, as are...

Assisted Decision-Making (Capacity) Bill 2013: From the Seanad (17 Dec 2015)

Kathleen Lynch: No, but it will remain part of the justice system. It will be independent but so, too, is the Mental Health Commission. Perhaps a future Government will decide that the DSS should be a stand-alone agency. Even if that were the case now, I would still be looking to the Mental Health Commission for direction in this regard. The mental health commissioners are the experts in this area. They...

Assisted Decision-Making (Capacity) Bill 2013: From the Seanad (17 Dec 2015)

Kathleen Lynch: The Mental Health Commission has the expertise in this area. As I said, even if we were in this legislation proposing the establishment of a new agency we would still be looking to the Mental Health Commission to do it for us. The Mental Health Commission has the expertise and knowledge required to do this. It has been doing this type of work since its establishment. The mental health...

Assisted Decision-Making (Capacity) Bill 2013: From the Seanad (17 Dec 2015)

Kathleen Lynch: Yes.

Assisted Decision-Making (Capacity) Bill 2013: From the Seanad (17 Dec 2015)

Kathleen Lynch: Yes.

Assisted Decision-Making (Capacity) Bill 2013: From the Seanad (17 Dec 2015)

Kathleen Lynch: No argument.

Assisted Decision-Making (Capacity) Bill 2013: From the Seanad (17 Dec 2015)

Kathleen Lynch: They are self-financing.

Assisted Decision-Making (Capacity) Bill 2013: From the Seanad (17 Dec 2015)

Kathleen Lynch: Amendments Nos. 44, 45, 50 to 52, inclusive, 54 to 61, inclusive, 63 to 67, inclusive, 69 to 71, inclusive, 74, 78 to 81, inclusive, 83 to 89, inclusive, 91 to 104, inclusive, 107 to 114, inclusive, and 116 to 132, inclusive are essentially technical points to address some issues that need to be resolved in the provisions on co-decision making. Amendment No. 80 is intended to make clearer...

Assisted Decision-Making (Capacity) Bill 2013: From the Seanad (17 Dec 2015)

Kathleen Lynch: Competence is the issue. Over the last two years, we have been told constantly that the Courts Service is not the appropriate place. People did not feel comfortable with the paternalistic approach taken to justice over the centuries by past Governments. There is a perception that the court system is concerned with the imposition of penalty. This legislation is essentially about liberation...

Assisted Decision-Making (Capacity) Bill 2013: From the Seanad (17 Dec 2015)

Kathleen Lynch: Seanad amendments Nos. 28 to 40, 42, and 43 align the provisions relating to decision-making assistants with those agreed by the Dáil for co-decision-makers. In response to a request from disability groups last month, amendment 29 will allow a person to appoint more than one decision-making assistant. Seanad amendment No. 31 inserts a new section 11 specifying the persons who are not...

Assisted Decision-Making (Capacity) Bill 2013: From the Seanad (17 Dec 2015)

Kathleen Lynch: I will address Seanad amendments Nos. 9, 10, 25, 46 to 49, inclusive, 53, 55, 72, 73, 75, 77, 82, 90, 105, 106, 111, 215 to 217, inclusive, and 249. This is another large group of amendments. It concerns a range of corrections to wording, spelling, cross-references, section numbers and updates to legislative references. The amendments are necessary to ensure coherence across the Bill and...

Assisted Decision-Making (Capacity) Bill 2013: From the Seanad (17 Dec 2015)

Kathleen Lynch: I will read out the grouping of amendments again for the sake of clarity.

Assisted Decision-Making (Capacity) Bill 2013: From the Seanad (17 Dec 2015)

Kathleen Lynch: The correct reference is amendment No. 115.