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Select Committee on Children and Youth Affairs: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (14 Jun 2022)

Mark Ward: I move amendment No. 13: In page 28, line 19, to delete “3 years” and substitute “18 months”.

Select Committee on Children and Youth Affairs: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (14 Jun 2022)

Mark Ward: I move amendment No. 14: In page 31, to delete lines 25 to 34. Section 46 of the Bill amends section 59 of the 2015 Act to remove the option to grant powers to consent to or refuse health treatment from an enduring power of attorney. This means that individuals who wish to confer powers to consent to or refuse health treatment to a trusted supporter, at a time when they are no longer...

Select Committee on Children and Youth Affairs: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (14 Jun 2022)

Mark Ward: There are other jurisdictions in which individuals have the option to confer health powers in an enduring power of attorney and create separate advance healthcare directives. For example, British Columbia allows an individual to create both a representation agreement conferring health and other decision-making powers and an enduring power of attorney conferring powers to make legal...

Select Committee on Children and Youth Affairs: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (14 Jun 2022)

Mark Ward: I move amendment No. 16: In page 52, between lines 15 and 16, to insert the following: “(e) adhere to the obligations set out in Article 4.3 of the United Nations Convention on the Rights of Persons with Disabilities.”.”.

Select Committee on Children and Youth Affairs: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (14 Jun 2022)

Mark Ward: I move amendment No. 17: In page 52, between lines 22 and 23, to insert the following: “Amendment of section 84 of Principal Act 67. Section 84 of the Principal Act is amended 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.”.”. ...

Select Committee on Children and Youth Affairs: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (14 Jun 2022)

Mark Ward: I move amendment No. 19: In page 52, between lines 22 and 23, to insert the following: “Amendment of section 85 of Principal Act 67. Section 85 of the Principal Act is amended by the deletion of subsection (7).”.

Select Committee on Children and Youth Affairs: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (14 Jun 2022)

Mark Ward: I move amendment No. 9: In page 19, to delete lines 7 and 8 and substitute the following: "(d) fees shall be set in accordance with the relevant person’s means or waived in circumstances as set out by the Director in paragraph (c).".". I will speak about amendments Nos. 9 and 10 together and then I will speak about amendment No. 15. They all relate to costs. Enormous extra...

Select Committee on Children and Youth Affairs: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (14 Jun 2022)

Mark Ward: I move amendment No. 15: In page 51, line 6, after “charged,” to insert “the means of the donor,”.

Select Committee on Children and Youth Affairs: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (14 Jun 2022)

Mark Ward: I move amendment No. 20: In page 55, between lines 29 and 30, to insert the following: “(ca) notwithstanding a digital first policy, the Director shall set out the circumstances in which electronic form will be waived,”. This amendment relates to the digital divide and digital barriers. Given the nature of the sector, many of the relevant organisations work with...

Select Committee on Children and Youth Affairs: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (14 Jun 2022)

Mark Ward: I move amendment No. 25: In page 60, line 37, to delete "3 months" and substitute "28 days". This amendment seeks to return to the position as set out in the 2015 Act, which provides for 28 days, rather than three months, as proposed in the Bill, before a copy of the report must be forwarded to the Minister.

Select Committee on Children and Youth Affairs: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (14 Jun 2022)

Mark Ward: I withdraw the amendment on the basis that I may return to it on Report Stage.

Select Committee on Children and Youth Affairs: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (14 Jun 2022)

Mark Ward: I move amendment No. 26: In page 61, between lines 22 and 23, to insert the following: "Amendment of section 103 of Principal Act 78.Section 103 of the Principal Act is amended in subsection (3) by the insertion of the following paragraph after paragraph (f): "(g) disabled persons, disabled persons organisations, experts by experience and independent advocacy organisations.".". ...

Select Committee on Children and Youth Affairs: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (14 Jun 2022)

Mark Ward: Based on what the Minister said, I will withdraw amendment No. 26, with the option to return to it on Report Stage.

Select Committee on Children and Youth Affairs: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (14 Jun 2022)

Mark Ward: I move amendment No. 27: In page 61, between lines 22 and 23, to insert the following: "Amendment of section 136 of Principal Act 78.Section 136 of the Principal Act is deleted.".

Select Committee on Children and Youth Affairs: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (14 Jun 2022)

Mark Ward: The Minister said that he does not know and cannot give any clarity as to when the review of the Mental Health Act 2001 will be finalised. It is creating that gap in services where people who are detained under the Mental Health Act will not get the same services and the same rights as other people with disability in regard to this Bill. The Minister made an argument earlier and we voted on...

Select Committee on Children and Youth Affairs: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (14 Jun 2022)

Mark Ward: I move amendment No. 30: In page 62, line 8, to delete “(other than Part 8)”.

Select Committee on Children and Youth Affairs: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (14 Jun 2022)

Mark Ward: I move amendment No. 32: In page 62, between lines 13 and 14, to insert the following: “(2) The review shall be aligned with the review of the Mental Health Act 2001 and subsequent amending Acts.”.”.

Select Committee on Children and Youth Affairs: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (14 Jun 2022)

Mark Ward: I move amendment No. 36: In page 63, to delete lines 2 to 42, to delete page 64, and in page 65, to delete lines 1 to 6. The rationale for removing section 84(1) is that it unnecessarily singles out the National Disability Authority, NDA, as it already has the power to share information with IHREC and it would be more appropriate for IHREC to engage directly with disabled people at...

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