Seanad debates

Wednesday, 9 December 2015

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

 

10:30 am

Photo of Fidelma Healy EamesFidelma Healy Eames (Fine Gael) | Oireachtas source

Let us examine what we are saying here. For the purposes of this section, "a decision-making representative for a relevant person restrains the relevant person if he or she" and then there are a number of points, including the one read by the Minister of State. Let us say, for the sake of argument, we are talking here about a nurse or a care giver. Is he or she actually called a "decision-making representative"? A nurse or care giver may just be following someone's orders. I would not be convinced at all about this, given the potential impact on the patient, sufferer or vulnerable person. I would not be at all convinced that a person who is following instructions from a third party is a decision-making representative.

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