Seanad debates

Wednesday, 28 September 2022

Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage

 

10:30 am

Photo of Roderic O'GormanRoderic O'Gorman (Dublin West, Green Party) | Oireachtas source

I will speak to these amendments generally. These amendments will allow for the DSS to conduct a review of a complaint received prior to undertaking a formal investigation. This will reduce the requirement for the DSS to automatically undertake an investigation on each and every occasion a complaint is made in favour of allowing a more flexible approach which will give discretion to the director to determine where a full investigation may or may not be warranted, based on the circumstances and merits of each individual case. This will reduce the unnecessary burden on the service and service users and build on amendments to date in ensuring that persons are not inappropriately subject to court procedures where that is not warranted, while also ensuring that complaints are appropriately considered and dealt with.

An amendment to complaints under Part 8 will ensure that the director of the DSS will be able to conduct an investigation on his or her own initiative. This was always the policy intention and this provision makes that position clear, improving the harmony of investigative powers throughout the Act. Some necessary technical amendments are also introduced.

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