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

Roderic O'Gorman: Amendment No. 22 proposes to provide for a copy of the temporary prohibition order and affidavit to be served on the relevant person as well as the decision supporter. The existing provision already includes that the director may serve a copy of the order on another identified person, with the approval of the court, which may, and in the vast majority of cases will, include the relevant...

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

Roderic O'Gorman: The Cabinet gave approval today for the deletion of the section, which we both agree needs to be deleted. That section will have been done through the Parliamentary Counsel. That is why it is important that we make sure every element of this legislation is drafted in a way that is fully compatible with the rest of it. There is no disagreement between the Deputy and me. This section will...

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

Roderic O'Gorman: I see what the Deputy is trying to achieve with his amendment but temporary prohibition orders will only be sought when there is an immediate risk of harm. We do not want to overly-complicate the process such that an order cannot be put in place because person X or person Y has not been informed yet. We do not want that situation to arise but we will have a look at it and see if there is a...

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

Roderic O'Gorman: Before I address Deputy Ward's amendment, I refer to an amendment I may bring forward on Report Stage. We may look at clarifying the interaction between the provision for enduring powers of attorney made under the 1996 Act and their exact status under the 2015 Act. If a change is needed in that regard, we may bring forward an amendment. Amendment No. 25 proposes to reduce the period in...

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

Roderic O'Gorman: Before addressing the amendments, it is only fair to say that notwithstanding what may or may not have been mentioned in the 20-minute contribution to which the Deputy referred, I certainly would never question the Minister of State's commitment to vindicating the experience of disabled people. She has demonstrated that over the two years in which she has been in office. Amendment No. 41...

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

Roderic O'Gorman: We are already entering into the budgetary cycle. I point to the fact that, in the two budgets on which I have been Minister, the DSS received an increase, and IHREC received an increase in the budget designated last October. It is probable neither body got as much as they would like and that is the way of it, but there has been support. We recognise the need, particularly in the context...

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

Roderic O'Gorman: I was about to note that we will bring forward a Report Stage amendment to change that typo.

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

Roderic O'Gorman: Amendments Nos. 34 and 35 both seek to change the form of wording referring to a potential juror. It is worth stating that the policy of and legislative responsibility for the Juries Act 1976 rests with the Minister for Justice, and the relevant section of the amended Bill has been brought forward jointly by me and the Minister for Justice. Section 82 of the Bill was introduced to remove...

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

Roderic O'Gorman: Before I address the Deputy's amendment, I wish to say I may table further amendments to this section to deal with the pension provisions of staff of the NDA. These are being discussed with the Department of Public Expenditure and Reform at the moment. Amendment No. 36 proposes to delete section 84 of the Bill in its entirety. This section makes amendments to the National Disability...

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

Roderic O'Gorman: It is important that we set out where the targets for employment of persons with a disability within the public sector come from. Right now, the target is 3%. We are meeting that target. We are at 3.1% across the public sector. These numbers will get us to 6% by 1 January 2025. They have not been pulled out of the air. They have been set out in the comprehensive employment strategy,...

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

Roderic O'Gorman: Amendments Nos. 42 and 43 are the same. They propose that two thirds of the IHREC advisory committee would be comprised of persons with disabilities. The role of this committee is to assist IHREC as part of its function in the monitoring of the implementation of the UNCRPD in the State. Section 86 of the Bill currently requires that at least half of the persons appointed to the committee...

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 also discuss potential amendments that are not directly related to existing sections, if that is all right.

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

Roderic O'Gorman: An amendment is being worked on in relation to the interaction between the nursing home support scheme and the 2015 Act. It is necessary to clarify the relationship between a care representatives and a decision supporter. My officials are liaising with counterparts in the Department of Health and the Office of the Attorney General on that. This is in response to a number of amendments that...

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 will be bringing forward further amendments to this section to account for the transfer of governance and reporting arrangements to me from the Minister for Health.

Saincheisteanna Tráthúla - Topical Issue Debate: Home Help Service (2 Jun 2022)

Roderic O'Gorman: I thank the Deputy for raising this important matter, to which I am responding on behalf of the Minister of State, Deputy Butler. The Government is committed to the development of improved community-based services, shifting care to the home and offering greater choice for older people. In budget 2021, the Minister of State secured additional funding of €150 million to progress the...

Saincheisteanna Tráthúla - Topical Issue Debate: Home Help Service (2 Jun 2022)

Roderic O'Gorman: I completely understand the frustration felt by the public health nurses to whom the Deputy spoke, the frustration and anger, probably, of the family he referred to for whom support was withdrawn, and his own frustration and anger in dealing with these situations. I know the Minister of State, Deputy Butler, sees the urgency of the situation. She met the chief officer of community...

Saincheisteanna Tráthúla - Topical Issue Debate: Child Abuse (2 Jun 2022)

Roderic O'Gorman: I cannot answer the first question. Dr. Shannon is an extremely thorough individual, as demonstrated by the reports he has done in the past and the quality of the work. It is important that we give him time to do this work. He made it very clear that he wants to engage with victims face to face. He did not want to do this through Zoom or online but in person. That is why it took some...

Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Referral to Select Committee (2 Jun 2022)

Roderic O'Gorman: I move: That the Bill be referred to the Select Committee on Children, Equality, Disability, Integration and Youth pursuant to Standing Orders 95 Standing Orders 95(3)(a) and 181(1).

Saincheisteanna Tráthúla - Topical Issue Debate: Child Abuse (2 Jun 2022)

Roderic O'Gorman: I thank the Deputy. First, I want to recognise the Deputy's consistent advocacy on this issue. The Deputy and Senator Ruane in the Seanad have both been strongly vocal on this issue. I know reports of historical sexual abuse in St. John Ambulance Ireland have been highlighted over recent years. As the Deputy states, the case initially concerned three men who made allegations against one...

Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Second Stage (Resumed) (2 Jun 2022)

Roderic O'Gorman: I thank all the Deputies, in particular those who made their significant contributions yesterday. I thank Minister of State, Deputy Rabbitte, for leading off on Second Stage. During our discussions yesterday Deputies spoke to the problems of wardship, the extremely outdated nature of the system, the fact that it has been with us for more than 100 years. It is a system dating from the...

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