Results 6,141-6,160 of 11,700 for speaker:Roderic O'Gorman

Written Answers — Department of Children, Equality, Disability, Integration and Youth: Care Services (29 Sep 2022)

Roderic O'Gorman: The Health Information and Quality Authority (HIQA) was established under the Health Act 2007.  HIQA was established to drive high-quality and safe care for people using health and social care services in Ireland. The functions of HIQA are set out in the 2007 Act, as amended, and include functions in relation to special care.  HIQA is independent in the performance of its...

Financial Resolutions 2022 - Financial Resolution No. 6: General: Financial Resolution (Resumed) (28 Sep 2022)

Roderic O'Gorman: Budget 2023 marks another step on the road to the transformation of early learning and childcare in our country . In 2018, the State set a goal of investing €1 billion per year in childcare by 2028. With the €346 million one-year increase in budget 2023, we have achieved that goal, a full five years early. As Minister with responsibility for children, this is something I am...

Seanad: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (28 Sep 2022)

Roderic O'Gorman: Amendments Nos. 1 and 2 provide for the inclusion of new subsections that simply reflect how the Credit Union Act 1997, the National Disability Authority Act 1999 and the Mental Health Act 2001 shall be construed following amendments made to those Acts in the Assisted Decision-Making (Capacity) (Amendment) Bill. I wish to speak also to amendment No. 58, which is a Government amendment in the...

Seanad: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (28 Sep 2022)

Roderic O'Gorman: In regard to the work being undertaken by the Department of Health on the reform of the Mental Health Act 2001, heads of Bill were published earlier this year. My understanding is they have gone or are going through the pre-legislative scrutiny process with the committee. Once that pre-legislative scrutiny process is over, the outcome will influence the final draft that will be brought to...

Seanad: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (28 Sep 2022)

Roderic O'Gorman: The focus of the Government on delivering reform of that legislation is demonstrated by the heads of Bill that have been passed by the Cabinet and gone forward for pre-legislative scrutiny. We all know legislation takes a while to complete. We have gone through a number of lengthy Bills in this House that have taken some time. Once the heads of a Bill are agreed and the pre-legislative...

Seanad: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (28 Sep 2022)

Roderic O'Gorman: I am happy to engage further with Senators on these amendments. The reason the Bill was not passed before the summer was to allow for a pause in which we engaged extensively over the summer with the Office of the Attorney General and the Department of Health on this specific matter. There was a focus, in particular, on the issues that arise when people are detained under the Mental Heath...

Seanad: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (28 Sep 2022)

Roderic O'Gorman: I would not agree with the analogy that Senator McGreehan used. We are dealing with legislation that is long overdue. I still do not have a clear understanding why the 2015 Act was not initiated or used. However, I have been given the job to do that and that is what I am seeking to do in this amending legislation. Some very legitimate concerns have been raised about one element of this...

Seanad: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (28 Sep 2022)

Roderic O'Gorman: The proposed amendment seeks to delete provisions that were made as amendments on Report Stage in the Dáil. These provisions clarify the intersection of the inherent jurisdiction of the High Court and the 2015 Act. It is important to note that these provisions do not create new powers for the High Court.The court possesses a constitutional role as the guardian of constitutional rights...

Seanad: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (28 Sep 2022)

Roderic O'Gorman: I am speaking specifically here, by leave of the Chair, to amendment No. 4 by way of a discussion on the section. That amendment seeks to replace section 3 of the 2015 Act, which sets out the functional capacity model, with a replacement text on legal capacity. The amendment mixes two separate provisions. As Senator Warfield is aware, the Assisted Decision-Making (Capacity) Act 2015...

Seanad: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (28 Sep 2022)

Roderic O'Gorman: Some important points were raised. Cultural change is something we discussed to a great extent in respect of other legislation, the Birth Information and Tracing Act, which is very much about moving away from a hierarchical, patriarchal model of decision-making. How is that changing in this legislation? I briefly mentioned the principles section in section 8 of the 2015 Act, the original...

Seanad: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (28 Sep 2022)

Roderic O'Gorman: This amendment seeks the introduction of a new subsection under section 8 of the 2015 Act which sets out the guiding principles to be followed regarding an intervention being made in respect of a relevant person. The amendment seeks to have the guiding principles interpreted in line with the United Nations convention and, in particular, Article 12 and general comment 1 of the UN committee on...

Seanad: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (28 Sep 2022)

Roderic O'Gorman: I will speak to these amendments generally. These amendments will allow for the DSS to conduct a review of a complaint received prior to undertaking a formal investigation. This will reduce the requirement for the DSS to automatically undertake an investigation on each and every occasion a complaint is made in favour of allowing a more flexible approach which will give discretion to the...

Seanad: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (28 Sep 2022)

Roderic O'Gorman: As the amendment was ruled out of order, we did not give it the usual detailed consideration. Senator Mullen spoke about children . I want to recognise there are many parents whose children are now adults. It is worth remembering that the legislation does not apply to minors; it only applies to adults. We have to acknowledge the concern of parents of adults who have an intellectual...

Seanad: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (28 Sep 2022)

Roderic O'Gorman: This amendment will provide for a single capacity assessment under section 29 of the 2015 Act in line with other capacity assessments required under Part 4. This will ensure that only one statement of capacity is required, either by a registered medical professional or a class of healthcare professional to be prescribed by regulation. This will reduce the number of capacity assessments...

Seanad: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (28 Sep 2022)

Roderic O'Gorman: These amendments are related to the complaints provisions. They provide that where a court directs that a decision support shall no longer act as such, the director of the DSS shall be required to update the relevant register. Some necessary technical amendments are also introduced.

Seanad: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (28 Sep 2022)

Roderic O'Gorman: These amendments provide for regulations to set out additional persons or bodies eligible to make an application directly to the Circuit Court under Part 5. This will allow such parties to make a court application directly under Part 5 without first seeking permission to do so by way of an ex parteapplication. Where appropriate, this regulation-making power will allow for applications to be...

Seanad: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (28 Sep 2022)

Roderic O'Gorman: These amendments will allow for the undertaking of court reporting and research under Part 5. A regulation-making power is being provided 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 a person will be kept confidential in such reporting. This point was raised as an Opposition...

Seanad: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (28 Sep 2022)

Roderic O'Gorman: I take Senator Seery Kearney's points. In the first instance, this legislation will necessitate significant engagement of the Judiciary, primarily because a significant panel of judges will be involved in moving people from wardship to the new DSS. This will take a significant amount of work. There has already been some engagement with the courts on preparing for this. It is not for the...

Seanad: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (28 Sep 2022)

Roderic O'Gorman: The Senators have spoken to a wider problem that has emerged in the existing wardship system. I recognise the genuine and legitimate concerns they are raising. I understand the intention of the amendment for the reasons I am about to set out. I do not believe is not necessary because we have provision in the legislation that addresses much of what Senator Clonan said. Section 38(5) and...

Seanad: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (28 Sep 2022)

Roderic O'Gorman: I will let Senator Clonan come in first.