Marie Louise O'Donnell (Independent) | Oireachtas source

It should report to the Government, the Taoiseach or the Oireachtas. Given its remit and functions, it is not appropriate to have the decision support service as an agency of the Courts Service because it gives rise to perception issues, confines the context and mismatches the statutory functions. I will be bringing amendments in this regard. There is also the question of the deprivation of liberty. We need legislation giving older people the right to reside in the place of their own choice. Are we knowingly to continue as we are? The House knows my feelings on this through my Private Members' motion on the European Convention on Human Rights. It is an area I feel very strongly about because 80% of nursing homes are stand-alone businesses.

We need to define the area of chemical restraint and decide what we mean by it. Amendments will be necessary in this regard and I will be bringing those forward.

With regard to statutory will, the Bill, as published, as recommended by the Law Reform Commission, provided that where a person who has made a valid will loses testamentary capacity, the court may alter the will where it is satisfied that exceptional circumstances have arisen and the interests of justice so demand.