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Seanad: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Report Stage (29 Nov 2022)

Frances Black: 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 to or refuse health treatment on a trusted supporter, at a time when they are no longer able to communicate their wishes, will have to complete a separate advanced...

Seanad: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Report Stage (29 Nov 2022)

Frances Black: I move amendment No. 13: In page 62, between lines 24 and 25, to insert the following: “(a) by the substitution of the following subsection for subsection (1): “(1) A person who has obtained the age of 16 and who has capacity may make an advance health care directive.”,”.

Seanad: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Report Stage (29 Nov 2022)

Frances Black: I move amendment No. 14: In page 64, to delete lines 1 to 14 and substitute the following: “(b) by the deletion of subsection (7).”.

Seanad: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Report Stage (29 Nov 2022)

Frances Black: I move amendment No. 15: In page 64, lines 27 and 28, to delete all words from and including “Section” in line 27 down to and including line 28 and substitute “Section 89 of the Principal Act is amended by the deletion of subsection (3)(b)(ii).”.

Seanad: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Report Stage (29 Nov 2022)

Frances Black: The Bill retains discrimination against pregnant people who should have an AHD. The Minister committed to resolving this issue during pre-legislative scrutiny and on previous Stages in the Dáil but the amendment that has been made continues to treat someone's AHD differently once that person becomes pregnant. Pregnancy should not impact on an AHD. It should be within the...

Seanad: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Report Stage (29 Nov 2022)

Frances Black: I move amendment No. 19: In page 75, to delete lines 14 to 30 and substitute the following: “Amendment of section 136 of Principal Act 91.Section 136 of the Principal Act is repealed.”.

Seanad: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Report Stage (29 Nov 2022)

Frances Black: I move amendment No. 20: In page 76, between lines 19 and 20, to insert the following: “Amendment of section 146 of Principal Act 96. Section 146 of the Principal Act is amended by the insertion of the following: “(1) Such review will examine the operation, interpretation and accessibility of this Act and make recommendations for reform accordingly. Such review shall...

Seanad: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Report Stage (29 Nov 2022)

Frances Black: Those who campaigned for this legislation specifically argued that a comprehensive review clause was necessary to ensure that the legislation remained under review at regular intervals, given the pace of change in this area globally and advances in practice on the ground. We recommend adding a further provision to ensure that the legislation is reviewed at least once every three years. As...

Seanad: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Report Stage (29 Nov 2022)

Frances Black: I move amendment No. 27: In page 86, line 4, to delete “2006;”,” and substitute the following: “2006; (hb) in the performance of its functions as the independent monitoring mechanism under the Convention, to ensure extensive and meaningful engagement with all persons with disabilities in the State, in accordance with Articles 1,...

Seanad: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Report Stage (29 Nov 2022)

Frances Black: I thank the Minister for considering the amendment we brought on Committee Stage with regard to the proportion of positions on the Irish Human Rights and Equality Commission's, IHREC, disability advisory board reserved for people with disabilities. The amendment seeks to use the UNCRPD definition of "disability" for the criteria of membership of IHREC's disability advisory committee rather...

Seanad: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Report Stage (29 Nov 2022)

Frances Black: I move amendment No. 28: In page 86, line 17, to delete “at least half” and substitute “two-thirds”.

Seanad: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Report Stage (29 Nov 2022)

Frances Black: I move amendment No. 30: In page 86, lines 18 and 19, to delete all words from and including “have,” in line 18 down to and including line 19 and substitute the following: “be persons with disabilities within the meaning of Article 1, United Nations Convention on the Rights of Persons with Disabilities.”.”.

Seanad: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Report Stage (29 Nov 2022)

Frances Black: I just want to say well done to the Minister. He worked very hard on this and took it very seriously. We did not agree on a few things but his engagement and communication with us was appreciated. I again thank him and his officials. I also thank all the campaigners who worked extremely hard on this and are very passionate about this Bill. I mentioned them earlier but I would refer again...

Joint Oireachtas Committee on Health: General Scheme of the Health (Amendment) Bill 2022: Department of Health (23 Nov 2022)

Frances Black: I apologise. I have only just gotten into Leinster House and I think some of the questions I had have already been covered. I will follow up on one or two. I thank our witnesses for coming in this morning. The purpose of this Bill in driving service improvement for the service user is very much appreciated. I have no doubt about it, considering what has been going on in recent years. In...

Joint Oireachtas Committee on Health: General Scheme of the Health (Amendment) Bill 2022: Department of Health (23 Nov 2022)

Frances Black: My next point is on adult safeguarding. I am very glad adult safeguarding has come up this morning. It is a considerably important issue and, unfortunately, in recent years it has received insufficient attention. There is considerable urgency to it. I know my colleague, former Senator, Colette Kelleher - is she still there or have we lost her?

Joint Oireachtas Committee on Health: General Scheme of the Health (Amendment) Bill 2022: Department of Health (23 Nov 2022)

Frances Black: I apologise. Something came up on my computer. Ms Kelleher introduced legislation in 2017 which unfortunately stalled on Committee Stage because the Government said it would undertake the work necessary to produce its own legislation. It seems that work is under way but do the witnesses have any idea of the timeline for when the heads of Bill will be published? That would be very helpful.

Joint Oireachtas Committee on Health: General Scheme of the Health (Amendment) Bill 2022: Department of Health (23 Nov 2022)

Frances Black: Is the Law Reform Commission working on the policy? I am aware it had started the work in early spring and said it would have some of the work in by the summer. I feel there is a bit of a delay on it. Does Ms Larthwell have any information on that?

Joint Oireachtas Committee on Health: General Scheme of the Health (Amendment) Bill 2022: Department of Health (23 Nov 2022)

Frances Black: That would be very helpful. I would appreciate that.

Seanad: Central Bank (Amendment) Bill 2022: Second Stage (17 Nov 2022)

Frances Black: I congratulate Senators Ardagh, Buttimer and Gavan, and the entire membership of the Oireachtas cross-party cancer group, on the introduction of this legislation. I also pay tribute to the work that group does in general. It does phenomenal work. This Bill is the kind of thoughtful, compassionate and subtle legislation that this Chamber specialises in, which I hope will attract cross-party...

Seanad: Private Nursing Home Sector: Statements (16 Nov 2022)

Frances Black: I warmly welcome the Minister of State to the Chamber and thank her for the work she has done in this area. I acknowledge the great work she has done. I am aware that she is passionate about this. I am glad that we are having these statements on the nursing home sector. Caring is the future of work. While Ireland remains one of the youngest European populations, our demographics are...

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