Kathleen Lynch (Cork North Central, Labour) | Oireachtas source

Amendments Nos. 47, 51, 58, 61, 62, 64, 65, 71, 81, 92, 93, 105, 108, 117, 118 and 132 are essentially technical points to address some issues needing to be resolved in the provisions on co-decision-making.

Amendment No. 47 proposes to amend the text that defines how a person may be considered suitable for appointment as a co-decision-maker. The person has to be "capable" of performing the role. Amendment No. 71 proposes to amend the provisions relating to dissolution of civil partnership to encompass dissolutions occurring in other states. The former civil partner will be ineligible to act as a decision-making assistant or co-decision-maker. Amendment No. 81 is intended to make clearer the remedies available to a third person if he or she unknowingly relies on a co-decision-making agreement which is later found to be null and void. My amendment proposes that the third party would not be prevented from recovering damages for any loss incurred as a result of unknowingly relying on a null and void co-decision-making agreement.

Amendment No. 92 proposes an additional ground for objection to the registration of a co-decision-making agreement, namely, that a false statement is included in the application to register the agreement. Amendment No. 93 is intended to specify more clearly that the director can take action only if an objection has been received within the time period of five weeks specified in subsection (1).

Amendment No. 105 proposes an additional provision that would allow the director to make inquiries where an incomplete report has been submitted and to be satisfied that the report is in order. This provision allows the director the flexibility to accept an incomplete report where the circumstances warrant it. The provision would benefit co-decision-makers who are caring for the relevant person and who may not have the time, because of that caring responsibility, to submit a report that is absolutely in line with the regulations but where the information submitted confirms that there are no issues arising with the operation of the co-decision-making agreement.

Amendment No. 108 clarifies that the grounds for complaint against a co-decision-maker is that he or she is acting outside the scope of his or her functions. Senator Jillian van Turnhout clearly expressed her views in this regard. Amendment No. 117 is intended to specify more precisely that the court can make a determination when an appeal has been made under the new subsection (3) and within the time limit of 21 days specified in that subsection.

Amendment No. 118 is a technical amendment to delete the phrase "which was the subject of a complaint to the Director". The reason for the amendment is that the court may make a determination both on an issue which was the subject of a complaint to the director and on an application made by the director where no complaint has been received. In the latter case, the director will make an application where he or she believes that a serious issue has arisen in relation to the operation of the co-decision-making agreement which warrants consideration by the court.

Amendment No. 132 is a technical amendment to specify the cross-reference between the obligation in section 17(8) for an appointer or a co-decision-maker to notify the director of the nullity of a co-decision-making agreement and the corresponding provision in section 30 setting out the director’s role when this notice has been received.