Results 761-780 of 15,268 for speaker:Kathleen Lynch
- Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)
Kathleen Lynch: Subsection (8) sets out what will happen in relation to registration if more than one attorney is appointed under an enduring power of attorney.To be of help to Senator David Norris, the entire section is about the enduring power of attorney.
- Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)
Kathleen Lynch: Unfortunately, because there is a possibility it could be challenged, we have had to ensure there are safeguards in place. Because we will be moving to a new system, it is important we get it right in order that we will not face a challenge. Perhaps it might have been better to explain this at the outset.
- Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)
Kathleen Lynch: The entire section is about the enduring power of attorney. Amendment No. 181 inserts a new section - registration of an instrument creating an enduring power of attorney. The new section 61 replicates section 58(1) of the Bill and provides in more detail for how the director shall review an application for registration. It also provides additional provisions incorporating an appeals...
- Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)
Kathleen Lynch: It would make life easier but I do not make the rules on these matters.
- Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)
Kathleen Lynch: It is and we need to keep in mind that this is all on one particular issue, but it is a very important issue.
- Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)
Kathleen Lynch: Amendment No 190 inserts a new section 70, removal of instrument from the register. It mirrors provisions in section 26 that deal with the removal of co-decision-making agreements from the register following revocation. Subsection (1) sets out the circumstances in which the director shall remove from the register of enduring powers an instrument that has been revoked or where the attorney...
- Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)
Kathleen Lynch: I have this awful feeling that we have got off on the wrong foot on dealing with this legislation which has been sought for 30 years. It is a difficult item of legislation to understand. I have been looking at it for two years and the officials have been working on it for even longer. I hope that we are not going to get off on the wrong foot and that this will head towards us doing...
- Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)
Kathleen Lynch: It is important that we should understand that. This is about adults.
- Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)
Kathleen Lynch: No, because they are not at that point. They are not covered by the Bill. With respect to the register to be maintained, I believe that will be done electronically, but it will be very much up to the director. When we come to expand on what that director's duties and role are and where the office will be-----
- Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)
Kathleen Lynch: Yes. With respect to most of the amendments, and I am sorry for racing through them but I was conscious that we did not want to be here until tomorrow morning-----
- Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)
Kathleen Lynch: -----the type of information that needs to be gathered, in the first instance, is extensive. When a complaint is made it needs to be extensive, and, therefore, it would cover all eventualities. I think the Senator will be happy enough with that. On the amendments we are proposing in regard to the enduring powers of attorney, we are simply aligning them with the reforms agreed by the...
- Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)
Kathleen Lynch: I did acknowledge Senator David Norris in the Dáil when we got the electro-convulsive therapy Bill through last evening. It will be taken in the Seanad on Thursday, 17 December. I acknowledged the Senator's involvement with that of former Senators Dan Boyle and Déirdre de Búrca. They were the three named Senators.
- Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)
Kathleen Lynch: I also acknowledged Mr. John McCarthy. I am not certain if he would agree with our interpretation of where he is now, but I am sure that if he weas still around, he would, at least, be half happy. On amendment No. 3, as Senator Colm Burke outlined, it is hugely important that we be very clear about the interpretation of someone's will and preferences. I fully acknowledge that we can never...
- Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)
Kathleen Lynch: Amendments Nos. 4, 6, 10, 11, 13, 16, 55, 75, 134 and 213 propose to delete the current definitions in the Bill relating to an "approved nursing home", "care service", "relevant facility" and "nursing home or residential facility". Two new terms are proposed as more accurate terms to describe the facilities in which those encompassed by this Bill may be resident. The term "designated...
- Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)
Kathleen Lynch: There were no drugs-----
- Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)
Kathleen Lynch: I understand perfectly the concerns of Senators. We are always under the impression that restraint is physical, but chemical restraint is much more subtle and, probably, far more effective. Apart from in this Bill, there are other areas that are protected in terms of chemical restraint. For example, HIQA always insists on reading patients' records to ensure that medication is appropriate...
- Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)
Kathleen Lynch: I ask the Senator to repeat his question.
- Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)
Kathleen Lynch: Yes.
- Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)
Kathleen Lynch: My apologies, Senator. I am listening and did not mean to turn my back.
- Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)
Kathleen Lynch: That is what I was consulting the departmental official about because I knew I had read it somewhere. It is defined in the Bill and the definition is very similar to what is proposed in the amendment. It is covered in the section dealing with restrictions on decision-making representatives, namely section 38. I will now read the relevant-----