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

That is true. These are all technical amendments to improve the drafting of the Bill and to make the intent of the provisions clearer. Amendment No. 4 proposes to tie the definition of "enduring power of attorney" to the provisions of section 51(2) as these provisions specify that the enduring power must be conferred in writing in an instrument that is in compliance with the requirements of Part 7.

Amendments Nos. 9 and 10 propose to move the phrase "to the court" within section 12(3) in the interests of greater clarity. Amendment No. 12 proposes to modify the penultimate line of section 16(8) to make the provision clearer.

Amendment No. 14 proposes, in the interests of clarity, to amend the provisions inserted on Committee Stage. The aim of the amendment is to make clear that the statement to be signed by the co-decision-maker must indicate that he or she undertakes to act in accordance with his or her functions as specified in the co-decision-making agreement. On review of the amendments proposed on Committee Stage, it was considered that the formulation proposed was not sufficiently tight to make clear to a co-decision-maker that he or she must act in accordance not only with the provisions of the Bill generally but specifically with the provisions of the co-decision-making agreement as they are the expression of the will and preferences of the appointer.

Amendment No. 15 proposes to delete the word "time" from section 21(3) as amended on Committee Stage. When reviewing the Bill, it was considered that the word "time" was not necessary in the provision.

Amendment No. 16 proposes to delete the reference to subsection (3) as subsection (3) was deleted in the amendments agreed on Committee Stage. As a result of that deletion, the court will now be able to make a declaration as to whether a person has or lacks capacity to create or revoke an enduring power of attorney.

Amendments Nos. 17 and 18 propose to amend subsections 35(3) and (4) as amended on Committee Stage. When reviewing the Bill for Report Stage, it was considered that it would be preferable to insert the phrase "ensure that" in order that the court is clear as to its obligations. It must ensure the functions of a decision-making representative are not inconsistent with an advance health care directive or with an enduring power of attorney where either is in place.

Amendment No. 20 proposes to correct a typographical error and to make the provision more precise. Amendment No. 21 proposes to correct an error in the amendment proposed on Committee Stage to section 37(6). It is proposed to delete the phrase "to the court" as otherwise the court would notify itself of its disqualification of a decision-making representative.

Amendment No. 22 is intended to tighten the provisions which allow for the use of restraint in very exceptional situations. It proposes to delete the phrase "pursuant to this section" to make clear that the restrictions on the use of restraint apply to all instances of restraint used or authorised by a decision-making representative. The Bill requires that the decision-making representative must cease to use or authorise restraint when the restraint is no longer necessary to prevent an imminent risk of harm to the relevant person or to another person.

Amendments Nos. 23, 24 and 25 propose to amend section 40 as inserted by amendment No. 161 on Committee Stage to make the provisions more precise. No change of policy is envisaged. Amendment No. 25 corrects a typographical error in section 40 (4).

Amendments Nos. 35 and 36 are technical drafting amendments that delete the definitions of "attorney" and "enduring power" from the new section 50 which was inserted into the Bill by amendment No. 170 on Committee Stage. The definitions are not required in section 50 because they are defined in section 2, which is the general interpretation section of the Bill, as amended by amendments Nos. 2 and 7 on Committee Stage.

Amendment No. 37 replaces superfluous text with text that clarifies that a person who is to be appointed as an attorney of an enduring power must be over 18 years of age.

Amendment No. 39 is a technical drafting amendment. It clarifies the intent of the provision which is that the attorney must provide a statement in the instrument creating the enduring power stating that he or she understands and undertakes to act in accordance with his or her functions as specified in the instrument. It clarifies that the functions of an attorney are set by the donor in the instrument creating the enduring power.

Amendments Nos. 43, 45 and 49 are technical amendments proposing to delete unnecessary text. Amendment No. 46 is a technical amendment that clarifies the intent of the provision. Amendment No. 51 is a technical amendment to insert text that was omitted in error.

Amendment No. 53 is a technical amendment that clarifies the intent of the provision. It clarifies that the director is forming a view that the necessary criteria apply at the time of his or her review of the application to register an instrument creating an enduring power of attorney. Amendment No. 56 is a technical amendment that clarifies the intent of the provision.