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

Kathleen Lynch: To be helpful, because chemical and physical restraint is a very complex area with regard to where it can be used, its duration and the safeguards surrounding it, the officials from the Department of Justice and Equality are willing to meet any interested Deputy to go into it in greater detail before the Bill goes to the Seanad. This might be helpful to everyone.

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

Kathleen Lynch: I can give the Deputy the lengthy response to amendment No. 72 if that is what he wishes, but I am not certain it is necessary. Basically, the difficulty we have with the amendment is there are 2,000 people in wardship, and if we were to stipulate a six-month period, there would be a logjam in court. I am also very fearful that there are people in wardship who may not be ready to move to a...

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

Kathleen Lynch: Before we adjourned, Deputies Colm Keaveney, Pádraig Mac Lochlainn, Fergus O'Dowd and Denis Naughten spoke on their amendments. Amendment No. 66 concerns the circumstances in which restraint can be used or authorised by a decision-making representative. We are in agreement that restraint should be tightly regulated and only used where absolutely necessary. I proposed amendments on...

Topical Issue Debate: Hospital Services (21 Oct 2015)

Kathleen Lynch: I reaffirm not just what the Deputy said but the fact that the staffing requirements for the Roscommon endoscopy unit are being considered as we speak. Twelve nurses, three administrative staff and four health care assistants will be needed. The revenue cost will be €998,000 - almost €1,000,000 - and the costs to facilitate the opening of the unit in 2016 will be an additional...

Topical Issue Debate: Hospital Services (21 Oct 2015)

Kathleen Lynch: The Deputy can be justifiably proud of the contribution he has made in terms of what Roscommon hospital now provides. It is quite incredible. I refer to the transition from what was perceived to be an acute hospital to a different type of service, which sometimes serves communities better. I thank the Deputy for the opportunity to address the House on this important issue. An allocation...

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

Kathleen Lynch: If we had time now I would reply, but Leaders' Questions is about to start and it might be more beneficial if the reply came when we resume, but it is entirely up to the Acting Chairman.

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

Kathleen Lynch: This is a Bill that has been widely discussed. The number of amendments tabled shows that remarks were listened to. That is the spirit of the Bill. Unfortunately, none of us has a crystal ball, and we cannot be certain what will happen in the future, but I am sure if difficulties arise there will no reluctance to intervene in terms of legislation.

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

Kathleen Lynch: I move amendment No. 41:In page 35, to delete lines 26 to 36 and substitute the following: “25. (1) A co-decision-making agreement, whether registered or not, may be revoked in whole or in part at any time by the appointer or the co-decision-maker, or both.(2) A revocation or revocation in part of a co-decision-making agreement shall be in writing and shall be in such form as shall be...

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

Kathleen Lynch: I move amendment No. 42:In page 35, to delete lines 38 and 39, and in page 36, to delete lines 1 to 27 and substitute the following:“26. (1)A person may make a complaint in writing to the Director concerning one or more of the following matters:(a) the conduct or proposed conduct of a co-decision-maker, including whether he or she has acted, is acting, or is proposing to act outside...

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

Kathleen Lynch: I move amendment No. 43:In page 36, lines 29 and 30, to delete all words from and including “The” in line 29 down to and including line 30 and substitute the following:“The Minister, having regard to the requirements of this Part, shall make regulations regarding co-decision-making agreements, including—”.

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

Kathleen Lynch: I move amendment No. 44:In page 36, line 32, after “application” to insert “under sections 18(2)and 24(3)”.

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

Kathleen Lynch: I move amendment No. 45:In page 36, line 34, after “notice” to insert “under sections 18(3)and 24(4)”.

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

Kathleen Lynch: I move amendment No. 46:In page 36, line 36, after “objection” to insert “under section 21”.

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

Kathleen Lynch: I move amendment No. 47:In page 36, line 38, after “report” to insert “under section 23”.

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

Kathleen Lynch: I move amendment No. 48:In page 37, line 1, after “revocation” to insert “under section 25”.

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

Kathleen Lynch: I move amendment No. 49:In page 37, line 2, after “references” to insert “under section 18(4)(g)”.

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

Kathleen Lynch: I move amendment No. 50:In page 37, line 4, after “persons” to insert “under section 21(3)”.

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

Kathleen Lynch: I move amendment No. 51:In page 37, to delete lines 15 to 23 and substitute the following:“28. Where the court is determining whether a co-decision-maker should continue to act as co-decision-maker for an appointer, it shall have regard to all of the circumstances of the case, including in particular—(a) the capacity of the appointer, (b) the appointer’s willingness to...

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

Kathleen Lynch: I move amendment No. 52:In page 37, between lines 23 and 24, to insert the following:“Role of Director where nullity occurs 29. On receipt of notice of the nullity of a co-decision-making agreement or of a relevant decision which is the subject of a co-decision-making agreement, the Director shall—(a)remove the co-decision-making agreement from the Register, or note on the...

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

Kathleen Lynch: I move amendment No. 53:In page 37, between lines 23 and 24, to insert the following:“Offences 30. (1) A person who uses fraud, coercion or undue influence to force another person to make, vary or revoke a co-decision-making agreement shall be guilty of an offence and shall be liable—(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12...

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