Results 721-740 of 2,007 for speaker:Frances Black

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

Frances Black: This amendment seeks to place a human rights-based and UNCRPD-compliant definition of "legal capacity" in the legislation. I was disappointed that the Minister refused to accept this amendment on Committee Stage, stating that the Government's position was that the operation of the functional model was uniquely qualified by an explicit respect for person's will and preference throughout the...

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

Frances Black: I move amendment No. 3: In page 10, to delete lines 7 to 11.

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

Frances Black: At a procedural level, this amendment has significant implications for the rights of disabled and older people. It was introduced on Report Stage in the Dáil and was not properly discussed, unfortunately, as that debate was guillotined prior to the full reading of all proposed amendments.The Minister's refusal to agree to this amendment on Committee Stage in the Seanad is a little...

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

Frances Black: I move amendment No. 4: In page 10, after line 39, to insert the following: "Amendment of section 8 of Principal Act 8.Section 8 of the Principal Act is amended by the insertion of the following: "(11) The guiding principles contained in subsections (1) to (10) shall be interpreted consistently with the United Nations Convention on the Rights of Persons with Disabilities, in...

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

Frances Black: Now that Ireland has ratified the UN Convention on the Rights of Persons with Disabilities embedding an explicit requirement for courts to interpret, they act in a manner that gives effect to the convention and strengthens the potential for the Act to be interpreted in a manner compatible with Ireland's human rights obligations. The Act was continually referred to by successive Ministers...

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

Frances Black: I move amendment No. 5: In page 10, after line 39, to insert the following: “Amendment of section 8 of Principal Act 8.Section 8 of the Principal Act is amended by the insertion of the following: “(12) Nothing in this Act shall be construed as imposing any civil or criminal liability on an intervenor, who, in exercising his or her relevant powers, acted in good...

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

Frances Black: I move amendment No. 7: In page 25, between lines 11 and 12, to insert the following: “(c) in subsection 10, by the insertion of the following paragraphs after paragraph (b): “(c) Subject to paragraph (d), nothing in this section shall operate to prohibit bona fide representatives of the Press and researchers from attending proceedings to which this section relates....

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

Frances Black: While it is vital to ensure individuals' will, preferences and privacy are respected, it is crucial that the public is aware of how this monumental change to Ireland's capacity laws operates in practice and that researchers can document the operation of the system. This amendment allows for judicial discretion and draws on existing legislation to ensure representatives of bona fide press,...

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

Frances Black: Is it ruled out of order?

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

Frances Black: I move amendment No. 10: In page 39, to delete lines 19 to 28.

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...