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Assisted Decision-Making (Capacity) Bill 2013: Report Stage (Resumed) and Final Stage (21 Oct 2015)

Kathleen Lynch: I move amendment No. 123:In page 94, line 12, to delete "section 76(2)(p)" and substitute "section 76(1)(i)".

Assisted Decision-Making (Capacity) Bill 2013: Report Stage (Resumed) and Final Stage (21 Oct 2015)

Kathleen Lynch: I move amendment No. 124:In page 94, line 16, to delete "section 76(2)(p)" and substitute "section 76(1)(i)".

Assisted Decision-Making (Capacity) Bill 2013: Report Stage (Resumed) and Final Stage (21 Oct 2015)

Kathleen Lynch: I move amendment No. 125:In page 94, line 28, to delete "section 76(2)(p)" and substitute "section 76(1)(i)".

Assisted Decision-Making (Capacity) Bill 2013: Report Stage (Resumed) and Final Stage (21 Oct 2015)

Kathleen Lynch: I understand perfectly where the Deputy is coming from and we have agonised over it. Even if the job is filled as a result of public advertisement and open competition, perception is reality in politics. Once it is considered to be a decision ultimately made by the Minister, even if drawn from a list into which the Minister had no input, it will be perceived as a political appointment. The...

Assisted Decision-Making (Capacity) Bill 2013: Report Stage (Resumed) and Final Stage (21 Oct 2015)

Kathleen Lynch: I assume all Deputies will be aware that we have been in close consultation with those groups. NUI Galway has been of particular help to us. Professor Gerard Quinn and his associates have worked closely with us. We all are agreed no legislation is perfect but we must do as much as we can and push the envelope as much as we can when we have the opportunity to do so. We have no difficulty in...

Assisted Decision-Making (Capacity) Bill 2013: Report Stage (Resumed) and Final Stage (21 Oct 2015)

Kathleen Lynch: Yes.

Assisted Decision-Making (Capacity) Bill 2013: Report Stage (Resumed) and Final Stage (21 Oct 2015)

Kathleen Lynch: We have very close contacts.

Assisted Decision-Making (Capacity) Bill 2013: Report Stage (Resumed) and Final Stage (21 Oct 2015)

Kathleen Lynch: We are in regular contact. That will not be a difficulty. The deprivation of liberty is a particular difficulty for us. I would hope to get the capacity legislation in place before Christmas but the deprivation of liberty is an issue. As Deputy O'Dowd correctly pointed out, it is not only about persons with mental health difficulties because they are dealt with under the mental health...

Assisted Decision-Making (Capacity) Bill 2013: Report Stage (Resumed) and Final Stage (21 Oct 2015)

Kathleen Lynch: I said it has the possibility of creating a logjam-----

Assisted Decision-Making (Capacity) Bill 2013: Report Stage (Resumed) and Final Stage (21 Oct 2015)

Kathleen Lynch: -----but it is not centrally about that. It is about ensuring those involved are ready to exit wardship. We have had a fruitful debate about the central issues in this complex legislation and I understand that some do not understand that. In not understanding what the legislation is about, I hope they will not revert to rhetoric because that is not what this debate is about.

Assisted Decision-Making (Capacity) Bill 2013: Report Stage (Resumed) and Final Stage (21 Oct 2015)

Kathleen Lynch: I move amendment No. 73:In page 54, line 17, to delete "pursuant to paragraph (b)".

Assisted Decision-Making (Capacity) Bill 2013: Report Stage (Resumed) and Final Stage (21 Oct 2015)

Kathleen Lynch: I move amendment No. 74:In page 54, line 18, to delete "section 43(1)(b)(ii)" and substitute "subsection (1)(b)(ii)".

Assisted Decision-Making (Capacity) Bill 2013: Report Stage (Resumed) and Final Stage (21 Oct 2015)

Kathleen Lynch: I move amendment No. 75:In page 54, line 24, to delete "section 43(1)(c)" and substitute "subsection (1)(b)(ii)".

Assisted Decision-Making (Capacity) Bill 2013: Report Stage (Resumed) and Final Stage (21 Oct 2015)

Kathleen Lynch: I move amendment No. 76:In page 54, to delete lines 29 to 33. Amendments Nos. 76 and 77 propose that the provisions proposing the repeal of the Lunacy Regulation (Ireland) Act 1871 would be moved to a separate section in view of the significance of the provisions and because their effect extends beyond the scope of section 43 which deals with declarations following review and discharge from...

Assisted Decision-Making (Capacity) Bill 2013: Report Stage (Resumed) and Final Stage (21 Oct 2015)

Kathleen Lynch: I move amendment No. 77:In page 54, between lines 33 and 34, to insert the following:"Repeal of Lunacy Regulation (Ireland) Act 1871 44.(1) Subject to subsection (2)and this Part, the Lunacy Regulation (Ireland) Act 1871 is repealed.(2) Subject to this Part, subsection (1)shall not affect the validity of any order—(a) made by the wardship court within its jurisdiction, and (b) which...

Assisted Decision-Making (Capacity) Bill 2013: Report Stage (Resumed) and Final Stage (21 Oct 2015)

Kathleen Lynch: I move amendment No. 78:In page 61, line 18, to delete "or" where it secondly occurs.

Assisted Decision-Making (Capacity) Bill 2013: Report Stage (Resumed) and Final Stage (21 Oct 2015)

Kathleen Lynch: I move amendment No. 79:In page 61, to delete lines 19 and 20 and substitute the following:"(c) administers a medication, which is not necessary for a medically identified condition, with the intention of controlling or modifying the relevant person's behaviour or ensuring that he or she is compliant or not capable of resistance, or (d) authorises another person to do any of the things...

Assisted Decision-Making (Capacity) Bill 2013: Report Stage (Resumed) and Final Stage (21 Oct 2015)

Kathleen Lynch: I move amendment No. 80:In page 66, line 5, to delete "Public Guardian" and substitute "Director". Amendment No. 80 is a technical amendment to change a reference from "Public Guardian" to "Director". This is something that came out of our engagement not only with the Deputies present who have an interest in this but also with the NGOs. As agreed by the Dáil on Committee Stage, the...

Assisted Decision-Making (Capacity) Bill 2013: Report Stage (Resumed) and Final Stage (21 Oct 2015)

Kathleen Lynch: That is not what I said.

Assisted Decision-Making (Capacity) Bill 2013: Report Stage (Resumed) and Final Stage (21 Oct 2015)

Kathleen Lynch: What we propose is a greater test.

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