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

Fintan Warfield: There is something that I want to put on the record regarding the Mental Health Commission, which launched its 2021 annual report recently. It stated criteria for involuntary detention is quite wide-ranging, as it stands, in the Mental Health Act. People can go in voluntarily and unexpectedly be made to stay involuntarily. The Mental Health Commission 2021 report states: "If a voluntary...

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

Fintan Warfield: I move amendment No. 4: In page 8, after line 35, to insert the following: “Amendment of section 3 of Principal Act 5.The Principal Act is amended by the substitution of the following section for section 3: “Recognition of legal capacity 3.(1) Legal capacity means the ability to hold rights and duties and to exercise these rights and duties. (2) The exercise of legal...

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

Fintan Warfield: I withdraw this amendment and retain the right to resubmit it on Report Stage.

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

Fintan Warfield: I will accept the ruling of the Chair.

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

Fintan Warfield: I move amendment No. 5: In page 9, to delete lines 36 to 40.

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

Fintan Warfield: Speaking on this section and my earlier amendment No. 4, with the leave of the Chair, this amendment concerned the amending of section 3 of the Act and the recognition of legal capacity. The Assisted Decision-Making (Capacity) Act was drafted to enable Ireland to ratify the Convention on the Rights of Persons with Disabilities, CRPD. However, the Act remains non-compliant with the CRPD....

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

Fintan Warfield: I move amendment No. 6: In page 10, between lines 28 and 29, to insert the following: "Amendment of section 8 of Principal Act 8.Section 8 of the Principal Act is amended by the insertion of the following: "(11) The guiding principles contained in subsections (1) to (10) shall be interpreted consistently with the United Nations Convention on the Rights of Persons with Disabilities,...

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

Fintan Warfield: I thank the Acting Chair for his patience. The idea behind the amendment was that now that we have ratified the CRPD, embedding an explicit requirement for the courts to interpret the Act in a manner that gives effect to the convention strengthens the potential for the Act to be interpreted in a manner compatible with Ireland's human rights obligations. The Act was continually referred to...

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

Fintan Warfield: Like the last number of amendments, I am happy to withdraw it and come back on Report Stage.

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

Fintan Warfield: I move amendment No. 31: In page 38, to delete lines 12 to 21. Section 46 of the Bill amends section 59 of the 2015 Act to remove the option to grant powers to consent or refuse health treatment from an enduring power of attorney. This means individuals who wish to confer powers to consent or refuse health treatment on a trusted supporter at a time when they are not able to communicate...

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

Fintan Warfield: I understand Senator Clonan would like to comment on amendment No. 32.

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

Fintan Warfield: Why is there constitutional difficulty if we are told all the time that physical healthcare decisions can be made by 16- and 17-year-olds without consent?

Joint Oireachtas Committee on Gender Equality: Recommendations of the Report of the Citizens’ Assembly on Gender Equality: Discussion (Resumed) (22 Sep 2022)

Fintan Warfield: I thank the Irish Congress of Trade Unions for coming to the committee. I want to talk about the living wage, some of the recommendations that ICTU has made, and the reference to Germany's good reminder of the 25% increase in the minimum wage from €9.82 per hour to €12.00 per hour. What is ICTU's view on setting a living wage at 60% of median income, and what is the union's...

Joint Oireachtas Committee on Gender Equality: Recommendations of the Report of the Citizens’ Assembly on Gender Equality: Discussion (Resumed) (22 Sep 2022)

Fintan Warfield: I am sorry to interrupt, but I hope the committee will hear that loud and clear. I hope that will be reflected in our final report.

Joint Oireachtas Committee on Gender Equality: Recommendations of the Report of the Citizens’ Assembly on Gender Equality: Discussion (Resumed) (22 Sep 2022)

Fintan Warfield: Do I have time?

Joint Oireachtas Committee on Gender Equality: Recommendations of the Report of the Citizens’ Assembly on Gender Equality: Discussion (Resumed) (22 Sep 2022)

Fintan Warfield: That is very helpful. The ESRI was before the committee last week and spoke about potential job losses, for which I do not see the evidence. The ESRI spoke about a potential reduction of hours, and there is some evidence for that. Is it possible for us to look at legislation to allow companies to prove that there would be job losses, and to exempt those businesses if they could prove this?

Joint Oireachtas Committee on Gender Equality: Recommendations of the Report of the Citizens’ Assembly on Gender Equality: Discussion (Resumed) (22 Sep 2022)

Fintan Warfield: I thank Dr. Bambrick. I appreciate that.

Seanad: An tOrd Gnó - Order of Business (21 Sep 2022)

Fintan Warfield: It would have been good to welcome our Maltese colleagues but I look forward to the day we can celebrate the independence of our island from Britain. I commend Malta, as an island nation on the periphery of Europe, on its support during the Brexit negotiations and on being a leader in Europe and across the world in the area of LGBT rights. Malta was the first country in Europe to ban...

Seanad: Institutional Burials Act 2022 (Director of Authorised Intervention, Tuam) Order 2022: Motion (21 Sep 2022)

Fintan Warfield: I welcome the Minister and his officials to the House. This is a very long overdue step in addressing the legal rights of the individuals and families who died and were disappeared in institutional contexts for too long. They are individuals and families who have been impacted by so-called historical institutional abuse and have been sidelined. Indeed, while this is an important step...

Seanad: Higher Education Authority Bill 2022: Report Stage (Resumed) (20 Sep 2022)

Fintan Warfield: I will speak to amendment No. 53. I welcome that the absence of specific references to trade unions has been addressed in a number of amendments since Committee Stage in the Dáil. It is important that they are represented on the board of the Higher Education Authority, HEA, as well as the boards of individual institutions. While the inclusion of trade unions on higher education...

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