Results 6,721-6,740 of 11,700 for speaker:Roderic O'Gorman

Select Committee on Children and Youth Affairs: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (14 Jun 2022)

Roderic O'Gorman: The Deputies referenced three separate areas in their contribution and I will look to address each of them. Amendment No. 1 seeks to repeal section 85(6) of the 2015 Act. Section 85(6) was originally included to qualify and limit the application of advance healthcare directives in the context of pregnancy. As Deputies will be aware, the provisions regarding advance healthcare directives...

Select Committee on Children and Youth Affairs: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (14 Jun 2022)

Roderic O'Gorman: As we all know, this is a complex piece of legislation. It is tying into an even fatter piece of legislation that is as complex. The key thing is to make sure that drafting is done in a way that is absolutely compatible with this Bill and the existing Act. That is why it is really important that we have the view of the Parliamentary Counsel on everything we do.

Select Committee on Children and Youth Affairs: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (14 Jun 2022)

Roderic O'Gorman: I imagine that, when the Mental Health (Amendment) Bill 2021 is brought forward, it will have to include a provision to ensure it fits in seamlessly with the legislation we are passing today and the 2015 legislation. It is better that it be done that way because the work the Deputy, the committee and the Department are doing on that mental health reform Bill will provide an opportunity to...

Select Committee on Children and Youth Affairs: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (14 Jun 2022)

Roderic O'Gorman: Ireland ratified the UNCRPD in 2018. As such, the country is bound by that Government decision to the obligations contained within the convention. However, to do what Deputy Sherlock is proposing would be unusual, and possibly even inappropriate, in that it would require the courts under an individual Act to have regard to all the provisions of the convention when the State has already...

Select Committee on Children and Youth Affairs: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (14 Jun 2022)

Roderic O'Gorman: No. I am sorry if I was unclear.

Select Committee on Children and Youth Affairs: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (14 Jun 2022)

Roderic O'Gorman: I will address that point. I take what Deputy Ward is saying on board. We have the DSS to support people, engage with those who are becoming intervenors and provide them with guidance and reassurance about how they can do their job well. However, the UNCRPD also requires safeguards in respect of those who have the role of supporting people who have some restriction on their capacity....

Select Committee on Children and Youth Affairs: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (14 Jun 2022)

Roderic O'Gorman: I will begin by recalling what the principles in the 2015 Act state on this point. Section 8 contains the guiding principles. Section 8(1) provides: "The principles set out in subsections (2) to (10) shall apply for the purposes of an intervention in respect of a relevant person, and the intervener shall give effect to those principles accordingly." Section 8(2) provides: "It shall be...

Select Committee on Children and Youth Affairs: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (14 Jun 2022)

Roderic O'Gorman: I may bring further amendments to section 12. I am advised by the Office of the Parliamentary Counsel that, technically, subsection (8) may not be needed to give effect to the provision in terms of the requirement on complaints provisions.

Select Committee on Children and Youth Affairs: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (14 Jun 2022)

Roderic O'Gorman: I wish to flag something in terms of sections 18, 23 and 47. I intend to bring forward further Government amendments regarding who can conduct capacity assessments in order to broaden the criteria from medical professional to broader categories of healthcare professionals to be prescribed by regulations. This will reduce costs for the relevant person and allow them to access less formal...

Select Committee on Children and Youth Affairs: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (14 Jun 2022)

Roderic O'Gorman: I am considering amendments to this section in order to remove references to certain instances where in the original 2015 Act the director had to defer matters to the court. Removing such references would improve administrative processes and reduce costs for people making applications under the legislation.

Select Committee on Children and Youth Affairs: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (14 Jun 2022)

Roderic O'Gorman: I understand the thrust of amendments Nos. 9, 10 and 15, which seek to consider the means of the person and the financial burden imposed when setting fees and charges for co-decision-making and EPA arrangements under the Act. I assure Members that a thorough process was undertaken in regard to the setting of fees and charges under the Act to ensure that the costs would not be prohibitive to...

Select Committee on Children and Youth Affairs: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (14 Jun 2022)

Roderic O'Gorman: In terms of the evolution of this provision, in the general scheme, we would fully remove the in camerarule. I know that was subject to quite significant criticism in terms of its implications for privacy and the extremely delicate nature of much of the material that will be discussed in these cases in terms of assessment of people's capacity. We changed this in the Bill as published and we...

Select Committee on Children and Youth Affairs: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (14 Jun 2022)

Roderic O'Gorman: I am considering amendments to section 33 to provide guidance on the charging of fees and expenses by decision-making representatives. My Department is consulting the Office of the Attorney General on that matter.

Select Committee on Children and Youth Affairs: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (14 Jun 2022)

Roderic O'Gorman: I am not in a position to accept these amendments. Amendments Nos. 12 and 13 seek to reduce the period in which a review of a ward's capacity is undertaken. The review periods currently set for capacity review are 12 months and three years, respectively; the latter being where the ward is unlikely to regain capacity. The amendments seek three-month and 18-month periods, respectively. The...

Select Committee on Children and Youth Affairs: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (14 Jun 2022)

Roderic O'Gorman: As the Deputies noted, the Bill proposes to change the role of an attorney under the Act. The reason for this is that it is considered necessary to give clarity on medical legal decision-making. Amendment No. 14, which is being spoken about here, proposes to re-include treatment decisions as part of the role of enduring power of attorney. We consulted significantly with the Department of...

Select Committee on Children and Youth Affairs: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (14 Jun 2022)

Roderic O'Gorman: I cannot speak to the detail of the British Columbia system, unfortunately. In terms of our system and what we are trying to create, however, as I said, the Department of Health expressed real concern in terms of the potential. I am talking about potential here; I understand that. However, it is those situations we are talking about where we want no ambiguity or uncertainty. If views...

Select Committee on Children and Youth Affairs: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (14 Jun 2022)

Roderic O'Gorman: I wish to advise the committee that alongside the general transfer of reporting obligations I will be bringing amendments to this section to allow the director of the DSS to make recommendations to the Minister for Health on matters relating to Part 8 of the 2015 Act.

Select Committee on Children and Youth Affairs: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (14 Jun 2022)

Roderic O'Gorman: Amendment No. 20 seeks to impose a requirement on the director to set out the circumstances in which electronic forms will be waived. A key design principle adopted by the DSS is to offer an accessible, person-centred and digital-first service, in line with wider Government policy. In the majority of cases this enables the design of a flexible system to effectively manage increases in...

Select Committee on Children and Youth Affairs: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (14 Jun 2022)

Roderic O'Gorman: I wish to advise the committee that I am considering introducing an additional amendment to this section to link investigations regarding designated healthcare representatives to the powers available to the director in this section. Part 8 is the responsibility of the Minister for Health but even though that Minister does not wish to amend the complaints provisions under Part 8 of the Act of...