Results 6,021-6,040 of 11,700 for speaker:Roderic O'Gorman

Seanad: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (Resumed) (6 Oct 2022)

Roderic O'Gorman: The amendment relates to further improvements with regard to complaints throughout the Act. The particular amendment relates to complaints in respect of AHDs under Part 8 and will ensure the director of the decision support service will be able to conduct an investigation on his or her own initiative regarding a designated healthcare representative. This was always the policy intention and...

Seanad: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (Resumed) (6 Oct 2022)

Roderic O'Gorman: As the Senator suggests, the amendment proposes to amend the Act of 2015 by removing section 89(3)(b)(ii).While I understand the intent of the amendment is to give further effect to the changed constitutional provision and the deletion of section 85(6), which we discussed previously, the amendment is not necessarily following the said proposed deletion. That is an important difference...

Seanad: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (Resumed) (6 Oct 2022)

Roderic O'Gorman: The Senator is opposing section 74 of the Bill, which relates to the validity of an AHD and the role of the court in this regard. Section 89(2) concerns an application to the High Court for a determination regarding the applicability or validity of an AHD, which itself concerns life-sustaining treatment or the actions of a designated healthcare representative in respect of that directive....

Seanad: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (Resumed) (6 Oct 2022)

Roderic O'Gorman: Like the Senator, I am not a medical person so I am afraid I am not in a position to give a detailed answer on that particular point. On Senator Doherty's point, and bearing in mind the agreement on the removal of the term "unborn", when the provision is read in its entirety, it includes a situation where the directive-maker is a pregnant woman and there is a deleterious effect on her...

Seanad: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (Resumed) (6 Oct 2022)

Roderic O'Gorman: The relevant provisions of section 89(2) set out the situations in which the High Court may make a declaration.The High Court may make a declaration as to whether an advance healthcare directive is valid, an advance healthcare directive is applicable or a designated healthcare representative is acting in according with the relevant powers. Those are the provisions set out by the legislation...

Seanad: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (Resumed) (6 Oct 2022)

Roderic O'Gorman: I will do my best to address those points for the Senator.

Seanad: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (Resumed) (6 Oct 2022)

Roderic O'Gorman: Amendment No. 47 proposes to amend section 96 of the 2015 Act, making a minor amendment to the director's investigative powers to facilitate broader improvements to complaint mechanisms throughout the Act. Both this amendment and other amendments in this group seek to allow the director greater control over how to resolve investigations undertaken on his or her own initiative. These include...

Seanad: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (Resumed) (6 Oct 2022)

Roderic O'Gorman: These amendments provide for minor technical amendments to ensure that the relevant person is a notice party where a temporary prohibition order has been issued by the court.

Seanad: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (Resumed) (6 Oct 2022)

Roderic O'Gorman: This amendment will allow for disabled persons and their representative organisations to be consulted by the director when codes of practice are being developed. Consultation was a strong theme during pre-legislative scrutiny and was also raised during the Dáil debates on this Bill. I am, therefore, pleased to propose an amendment which recognises the importance of the inclusion of...

Seanad: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (Resumed) (6 Oct 2022)

Roderic O'Gorman: I take the Senator's point.

Seanad: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (Resumed) (6 Oct 2022)

Roderic O'Gorman: Amendment No. 56 amends section 107 of the 2015 Act. Amendment No. 57 amends section 108 of the 2015 Act. These amendments seek to ensure that appropriate detention review periods are in place for persons whose continued detention may be necessary for treatment and where it is ordered by the wardship of the High Court. This increased frequency of review proceedings will further protect the...

Seanad: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (Resumed) (6 Oct 2022)

Roderic O'Gorman: I understand that the intention of this proposed amendment is to broaden the review procedures. A review is already provided for in the legislation. The text being proposed by Senator Warfield would have the unintended consequences of restricting a review to only the matters stated. It is important to ensure that review provisions are broad enough to address whatever issues may arise in...

Seanad: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (Resumed) (6 Oct 2022)

Roderic O'Gorman: This amendment proposes further amendments to the Juries Act 1976. The policy and legislative responsibility for that Act rests with the Minister for Justice and the relevant sections of the amendment Bill have been brought forward jointly by myself and the Minister for Justice. Section 91 of the Bill was introduced to remove the prohibition on persons serving on a jury who, in the...

Seanad: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (Resumed) (6 Oct 2022)

Roderic O'Gorman: We have already brought forward amendments in the Dáil that will significantly address the problematic language that was used and problematic exclusions that were provided for under the 1976 Act. Through use of the functional capacity test and by supporting individuals to be able to meet the functional capacity test and be able to undertake jury duty, this legislation is a significant...

Seanad: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (Resumed) (6 Oct 2022)

Roderic O'Gorman: Amendment No. 62 makes consequential amendments to the Courts and Court Officers Act 1995. These amendments are required as the result of other amendments I am moving to the Nursing Homes Support Scheme Act 2009.

Seanad: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (Resumed) (6 Oct 2022)

Roderic O'Gorman: The language used in amendment No. 76 is very definitive. It requires a "meaningful engagement with all persons with disabilities in the State". That is an incredibly broad and onerous obligation to put on IHREC in legislation. It is not generalised; it refers to all persons with disability in the State. IHREC could do a detailed consultation and miss out on engaging with one person. I...

Seanad: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (Resumed) (6 Oct 2022)

Roderic O'Gorman: If I may briefly speak to the point, it is important to note that in this Bill we are legislating for IHREC to be the monitoring body of our nation's implementation of the convention. IHREC is central to how this legislation and, indeed, how the CRPD will be implemented in this country, as per section 95. Notwithstanding what has been raised regarding the consultation - and I accept the...

Seanad: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (Resumed) (6 Oct 2022)

Roderic O'Gorman: I will consult my team on the issues raised today. I may be in touch with the Leader's office on the scheduling for next week.

Written Answers — Department of Children, Equality, Disability, Integration and Youth: Departmental Schemes (6 Oct 2022)

Roderic O'Gorman: I propose to take Questions Nos. 288, 306 and 307 together. The Government takes its responsibility to investigate and address historic wrongs and allegations of human rights abuses very seriously. Since 1999, Ireland has undertaken investigations into allegations of abuse in several institutional settings. These investigations have sought to establish the facts relating to the operation of...

Written Answers — Department of Children, Equality, Disability, Integration and Youth: Departmental Contracts (6 Oct 2022)

Roderic O'Gorman: I can inform the Deputy that my Department has no contracts in place with the company referred to.