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Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)

Kathleen Lynch: I listened with interest because as public representatives, this issue has come to the attention of all Members, namely, the awful devastation when people get a statement and make a discovery about money they believed to be absolutely secure and people will ask how much more secure can it be than when the courts are minding it for them. However, we are moving away from a court system and...

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)

Kathleen Lynch: In the case of such repayments, for instance where a child is damaged at birth, the Government is changing to a more progressive funding model whereby people will be paid through their lives rather than expecting to invest. Even though it is an enormous sum, as the Senator noted, one has no indication as to what can happen in respect of stocks, bonds and all those things unless one puts it...

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: Extinguishing it.

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)

Kathleen Lynch: The court will appoint.

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: We are not throwing people into the gutter.

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)

Kathleen Lynch: There will be enough concern in respect of this legislation among families who have somebody with a disability. I now am speaking directly to the people with that experience because I acknowledge there is concern that this somehow is going too far or that it is giving a level of discretion to certain people who do not have capacities. While I accept this, the type of language expressed by...

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)

Kathleen Lynch: The Senator and I both know that that has absolutely nothing to do with the Bill.

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)

Kathleen Lynch: I would be quite prepared to look at the issue before Report Stage if that would be helpful.

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)

Kathleen Lynch: Amendments Nos. 30 to 42, inclusive, and amendments Nos. 44 and 45 propose to align the provisions relating to decision-making assistants with those already agreed for co-decision makers. Amendment No. 30 is intended to clarify that a person must be 18 years or over to be appointed as a decision-making assistant, reflecting the responsibility involved in supporting decision-making by a...

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)

Kathleen Lynch: In respect of people with an intellectual disability, in particular, the advice when appointing people to various committees has always been that one would appoint two people in order that the person with the intellectual disability would have somebody to rely on, somebody to advise and somebody to befriend because he or she can feel isolated, as we heard earlier.

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)

Kathleen Lynch: Amendments Nos. 47, 51, 58, 61, 62, 64, 65, 71, 81, 92, 93, 105, 108, 117, 118 and 132 are essentially technical points to address some issues needing to be resolved in the provisions on co-decision-making. Amendment No. 47 proposes to amend the text that defines how a person may be considered suitable for appointment as a co-decision-maker. The person has to be "capable" of performing the...

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)

Kathleen Lynch: I will look at the matter.

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)

Kathleen Lynch: Amendments Nos. 52 and 109 are technical amendments to remove the reference to "step-child" in the definition of "immediate family" that will apply under the Bill. That is because a step-child is considered to be a child of the family and does not need to be referenced separately in the definition.

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)

Kathleen Lynch: The amendment can be moved on the basis that it can be recommitted on Report Stage, if needs be.

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)

Kathleen Lynch: I will take another look at the matter and we will come back-----

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: No, I want it to be agreed to, but I will come back on it on Report Stage.

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)

Kathleen Lynch: I wish to inform the House that I plan to bring amendments to this section on Report Stage. These amendments will involve the transfer of responsibility for legal representation, for those appearing before mental health tribunals, from the Mental Health Commission to the Legal Aid Board. This is something that we have been considering and were asked to do. I also plan to bring amendments to...

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