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Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)

David Norris: Quite a number of these amendments should have been picked up over the past two years and there is no excuse for that. Will the Minister of State elucidate on amendment No. 63, which deletes:A co-decision-maker shall not—(a) attempt to obtain information that is not reasonably required for making a relevant decision, or (b) use relevant information for a purpose other than in...

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)

David Norris: Sorry, I will speak up. Amendment No. 63 purports to delete on page 26 lines 19 to 26. These state:(3) A co-decision-maker shall not—(a) attempt to obtain information that is not reasonably required for making a relevant decision, or (b) use relevant information for a purpose other than in relation to making a relevant decision.(4) A co-decision-maker shall take reasonable steps to...

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)

David Norris: It is not really a microphone, it is just for recording.

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)

David Norris: It is page 26 of the Bill. I am curious as to why the Minister of State wants to delete a provision indicating that people should not attempt to obtain information that is not required. It would be utterly wrong to use information for a purpose that is not appropriate. The other provision is that a co-decision-maker should take reasonable steps to ensure the information is kept secure. I...

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)

David Norris: Is it in section 8 or will that be in section 8 after further amendment?

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)

David Norris: I do not see anything in section 8 indicating that these people "shall not obtain information" inappropriately or use it inappropriately, keeping it from unauthorised access. Is it in section 8? I am sorry but maybe I am just being obtuse.

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)

David Norris: It is page 14.

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)

David Norris: That is an amendment.

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)

David Norris: That is what I was asking. It is not there at the moment but it is proposed to make an amendment to introduce that provision in another place.

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)

David Norris: That is now clear. I thank the Minister of State.

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)

David Norris: Acting Chairman-----

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)

David Norris: That is no problem. I was called out of the Chamber to say hello to a group I had missed and which I was supposed to meet at 6.30 p.m., so I apologise to the House. Amendment No. 27 should not to be taken with amendments Nos. 26 and 29, as it has not the remotest connection to either of them.

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)

David Norris: There is no connection whatever. There is a reference in amendment No. 27 to section 121 but that section does not exist in the Bill, as it stands, but it is amendment No. 244. Therefore, they could not have a clearer connection. One amendment refers to the hypothetical new amendment, so they should be grouped together but amendment No. 27 should not be grouped with two amendments with...

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)

David Norris: It is daft. I ask for the indulgence of the House on that.

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)

David Norris: I suggest grouping amendments Nos. 27, 239 and 244.

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)

David Norris: Yes, and we will take amendments Nos. 27, 239 and 244 together.

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)

David Norris: A victory for common sense.

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)

David Norris: Yes.

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)

David Norris: I move amendment No. 27:In page 17, between lines 34 and 35, to insert the following: “(7) In respect of financial affairs managed by the court, particular consideration of management and oversight in accord with the principles herein are stated in section 121.”. Amendment No. 27 deals with the question of the special visitor to be appointed to supervise the affairs of a ward...

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)

David Norris: To be fair, Senator Keane initiated them.

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