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

Referring back to the previous discussion, it will be up to the director to advise people on what services are available. Those services will not necessarily be delivered by the service itself, however.

Amendments Nos. 31 to 33, inclusive, arise from the amendment proposed by Senators Cullinane, Ó Clochartaigh and Reilly on Committee Stage. Their amendment, as is set out in amendment No. 33, provides that a relative or friend of the appointer could make an application on behalf of an appointer for a review of the ward’s case. I promised to look into their proposal and to revert with an amendment if legally feasible. This is a very technical and legal Bill.

I am now proposing amendment No. 32, which follows that put forward by the Senators. It provides that an application for a review of a ward’s case could be made by a relative or friend of the ward who has had such personal contact with the ward that a relationship of trust exists between them. There is one technical difference between the two amendments. I know the Senators will understand this point. My amendment describes the person who will be the subject of the application as a ward rather than as an appointer. This is because the applications in this Part relate to wards. The term "appointer" is used in the Bill only in relation to those appointing decision-making assistants or co-decision makers. It is more correct to use the term "ward" for the purposes of Part 6 as the person whose case will be reviewed by the wardship court will always be a ward. As I have now accommodated the Senators’ amendment, I would appreciate if they did not press their amendment.

Amendment No. 31 is consequential on the acceptance of amendment No. 32. Amendment No. 34 is a technical amendment to include a reference to the wardship court’s jurisdiction under section 22(2) of the Courts (Supplemental Provisions) Act 1961. The effect of the amendment is to provide for the wardship court to continue to have jurisdiction to enable payments to be made on behalf of wards on an interim basis, pending the review of their cases. No change is envisaged to the policy of abolishing wardship for adult wards within the time limits already specified.