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

The Think Ahead programme is excellent and I assume and imagine that any person who takes up the job as director in this instance will draw on what already has been done as he or she would be foolish not to so do. Amendment No. 235 tabled by Senator O'Donnell proposes an additional function for the director of the decision support service to provide information on the creation of an enduring power of attorney or advanced health care directives. These functions already are encompassed in the functions set out for the director. This is the reason that at the outset of the debate yesterday, the amendments were so comprehensive. I acknowledge it frustrated some Members but the amendments were comprehensive. Under section 78(1)(a), the director will be required to promote public awareness of all matters relating to the needs of persons may require assistance in exercising their capacity. This function encompasses the requirement to provide information to the public on enduring powers of attorney and on advanced health care directives. Similarly, section 78(1)(c) requires the director to give information to relevant persons in respect of their options under the Act. This will include information on creating an enduring power of attorney or an advanced health care directive. As the function already is encompassed in the Bill, I ask the Senator not to press the amendment. While the Senator's points are well made, they are well covered in the Bill.

Amendment No. 236 proposes a new function for the director of the decision support service in providing information to organisations. The existing functions require the director to provide information and guidance to organisations when dealing with persons with capacity difficulties. The new amendment proposes that the decision support service also will have a role in informing and guiding organisations, including State organisations, when dealing with the range of interveners specified under this Bill. It will be obliged to provide information and guidance on dealing with attorneys, decision-making representatives, etc. The intention is that as a result of this information and guidance, organisations will know exactly when to provide information to interveners. This will help to ensure organisations only interact with interveners where those interveners are authorised either to seek information or to make decisions. I believe this point was well fleshed out in respect of the type of information, who should have it, what happens with it afterwards and for what it can be used.

Amendment No. 237 allows the decision support service to charge fees for its services. It is appropriate that the decision support service could have this possibility and is in line with international practice. Some functions it will undertake will be time-consuming and some organisations with which it will interact will be very wealthy as banks, for instance, are potential clients. Where a vulnerable person or a family has limited means, the possibility will be available for the fees to be waived. In amendment No. 238, Senator O'Donnell proposes the director would have a role in enabling investigations of an attorney operating under provisions of the 1996 Act. I admire the Senator's foresight, as one amendment agreed to yesterday-----