Results 641-660 of 15,268 for speaker:Kathleen Lynch

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Report and Final Stages (15 Dec 2015)

Kathleen Lynch: I have amendments Nos. 43, 45-----

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Report and Final Stages (15 Dec 2015)

Kathleen Lynch: It is corrected on my list as well.

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Report and Final Stages (15 Dec 2015)

Kathleen Lynch: That is true. These are all technical amendments to improve the drafting of the Bill and to make the intent of the provisions clearer. Amendment No. 4 proposes to tie the definition of "enduring power of attorney" to the provisions of section 51(2) as these provisions specify that the enduring power must be conferred in writing in an instrument that is in compliance with the requirements of...

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Report and Final Stages (15 Dec 2015)

Kathleen Lynch: These are technical amendments to correct incorrect cross references or typographical errors. Amendments Nos. 5 and 7 propose to correct incorrect cross-references. These follow from the Seanad's agreement to include an additional guiding principle on Committee Stage on the information obligations on interveners. Amendment No. 8 proposes to correct an incorrect cross-reference, as do...

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Report and Final Stages (15 Dec 2015)

Kathleen Lynch: Senators van Turnhout and Zappone propose in amendment No. 6 to change the approach to capacity in section 3. The Bill is based on the premise that a person has capacity unless otherwise determined. We did not think it needed to be explicitly spelled out. Legal capacity, as I previously indicated, is implicit. I agree with most of what Senator Norris said, except that the amendment is...

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Report and Final Stages (15 Dec 2015)

Kathleen Lynch: I have responded to the concerns raised by Senator van Turnhout. I am sure she was thinking at one stage that none of her remarks would ever penetrate. On Committee Stage I responded by proposing to insert the word "serious" in the provision. As proposed, a co-decision-maker now has to agree to the decision of a relevant person unless it would cause serious harm to the person or to another...

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Report and Final Stages (15 Dec 2015)

Kathleen Lynch: Amendment 19 proposes to delete subsection (14) of section 35. Subsection 14 allows the court to revoke the appointment of a decision-making representative or vary the terms of the decision-making representation order if it considers that the representative is behaving in a manner outside the scope of authority conferred on him or her by the court. The deletion is required because new...

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Report and Final Stages (15 Dec 2015)

Kathleen Lynch: I propose to discuss amendments Nos. 29, 30 and 112 together. Amendments Nos. 29 and 30 propose to amend the Civil Legal Aid Act 1995 with key new provisions on legal aid for relevant persons. The Bill as published eased the criteria for legal aid by disapplying the merits test that currently applies in the Civil Legal Aid Act 1995. This provision ensures that the Legal Aid Board will not...

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Report and Final Stages (15 Dec 2015)

Kathleen Lynch: I will take the last point first because it is important in terms of reassurance. These are very specialist issues. These are not the typical burglary or car robbery incidents. This is a very specialist panel. One could take a serious look at what happens people in an acute unit who get a hearing before a tribunal. There is no waiting time because it is a very specialist panel and it...

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Report and Final Stages (15 Dec 2015)

Kathleen Lynch: No, it is a specialist panel within the legal aid service. Following a request one is entitled to a tribunal hearing within 21 days. All the experts are present. That happens. It is not as if somebody says he or she cannot be there in 21 days and that one will have it in 30 days. It is a specialist area and people are available for it. The Senator raised the issue of costs. Thankfully...

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Report and Final Stages (15 Dec 2015)

Kathleen Lynch: Who would the Senator sue?

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Report and Final Stages (15 Dec 2015)

Kathleen Lynch: Who would inform them?

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Report and Final Stages (15 Dec 2015)

Kathleen Lynch: No, the director will not----

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Report and Final Stages (15 Dec 2015)

Kathleen Lynch: No, that is with the wardship. We are extinguishing wardship. The only people who will inform----

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Report and Final Stages (15 Dec 2015)

Kathleen Lynch: In the same way any of us would be informed, by way of statement. We have all felt that awful drop in the pit of our stomach when it came out that a pension plan had gone south and so on. It will be exactly the same. One would hope they will get expert advice in terms of investment or protection but it will be on an equal basis. It will not be that they just get a letter to say there are...

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Report and Final Stages (15 Dec 2015)

Kathleen Lynch: That is not in this Bill and is not intended to be for exactly the reasons that Senator Keane talked about. What would happen in the event that someone gave that advice, even the special visitor, and it did not pan out? That is what we discussed last time. We would hope that whoever is making those decisions with the relevant person would go to whoever these people are, financial managers...

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Report and Final Stages (15 Dec 2015)

Kathleen Lynch: Referring back to the previous discussion, it will be up to the director to advise people on what services are available. Those services will not necessarily be delivered by the service itself, however. Amendments Nos. 31 to 33, inclusive, arise from the amendment proposed by Senators Cullinane, Ó Clochartaigh and Reilly on Committee Stage. Their amendment, as is set out in amendment...

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Report and Final Stages (15 Dec 2015)

Kathleen Lynch: I feel it must be Christmas or something. There is a terrible outbreak of goodwill. I thank the Senators.

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Report and Final Stages (15 Dec 2015)

Kathleen Lynch: I propose to address amendments Nos. 41, 42, 48, 50, 55, 58 to 65, inclusive and 68 to 70, inclusive, together. These proposed amendments relate to the new enduring powers of attorney provisions that were inserted on Committee Stage. They are mainly technical in nature, seeking to rectify typographical errors or to clarify the intent of the provision. A number of them replace the term...

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Report and Final Stages (15 Dec 2015)

Kathleen Lynch: I said, on Committee Stage, that I have no objection in principle. It is important to say this. The capacity legislation covers everyone, including people who have mental health difficulties and advance health care directives. The legislation goes further because most countries do not include people with mental health difficulties in capacity legislation. There are two small exceptions...