Seanad debates

Tuesday, 10 November 2015

Assisted Decision-Making (Capacity) Bill 2013: Second Stage

 

2:30 pm

Photo of Marie Louise O'DonnellMarie Louise O'Donnell (Independent) | Oireachtas source

You will have to bear with me, a Chathaoirligh. Some people spoke way over their time. Some people had to speak during the train station and we did not have a quorum. I beg the indulgence of the Chair for just one more minute.

Let me address very generally some points I feel need to be teased out in this excellent Bill. It is necessary that enduring powers of attorney that are in existence at the date of commencement of the Act and have been registered must come within the reporting requirements to the director of the decision support service, which is dealt with at section 60(4), and must come within the functions of the court, as provided for at section 61. I am delighted the Minister of State is going to amend this and that it does not have to happen in the High Court but can be done in the Circuit Court. I hope this is not just for financial reasons.

It is my opinion and the opinion of many Senators that the decision support service should be an independent specialist body with independent functions.

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