Seanad debates

Tuesday, 29 November 2022

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

 

1:00 pm

Photo of Mary Seery KearneyMary Seery Kearney (Fine Gael) | Oireachtas source

I come back to the excellent example given of Dr. Carol Coulter. The observations from the family courts have been instrumental. Having an application or process with the Minister as a gatekeeper in respect of who would have access, and through which appropriate people with appropriate credentials could be granted access for research and such purposes, is necessary. The way this aspect is contained in the Bill is adequate in ensuring there is access and transparency. Where additional access is needed, there is a process in respect of the Minister contained in the legislation as well. With respect, while I understand this proposed amendment, I do not think we need to approach this in such a prescriptive way. The system is there. We do not know what other classes of persons may arise. To have this possibility addressed via a loose classification within the Bill as it stands allows for discretion in the context of other situations and categories of professionals, and otherwise, to make applications to the Minister.

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