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Hide details for Seanad, Amendments from theSeanad, Amendments from the
17/12/2015 [Bills] The Dáil went into Committee to consider amendments from the Seanad.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendments Nos. 1, 2, 5, 248, 252, 253, 256 to 269, inclusive, 274 to 294, inclusive, and 296 are related and may be taken together.[Durkan, Bernard J.]Vol-901 Book-3 Page [686]
17/12/2015 [Bills] Seanad amendment No. 1:
Section 1: In page 9, line 30, after “Minister” to insert “, after consultation with the Minister for Health,”.
Vol-901 Book-3
17/12/2015 [Bills] This group of Seanad amendments deal with the moving of the decision support service out of the Courts Service. The amendments were in response to the Government’s decision of 8 December that responsibility for the decision support service be moved from the Courts Service to the Mental Heal...Vol-901 Book-3 Page [686]
17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 2:
Section 2: In page 10, to delete line 14.
Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Amendments Nos. 3, 6, 7, 11 to 15, inclusive, 17 to 19, inclusive, 22, 23, 26, 133 to 138, inclusive, 140, 141, 147, 160, 218 to 247, inclusive, and 250 are drafting amendments and may be discussed together.[Durkan, Bernard J.]Vol-901 Book-3 Page [687]
17/12/2015 [Bills] Seanad amendment No. 3:
Section 2: In page 10, to delete lines 18 to 20.
Vol-901 Book-3
17/12/2015 [Bills] This is a large group of amendments that are technical in nature and do not have policy implications. They concern a range of corrections to the wording to simplify the text and clarify the intent of the provisions in the Bill. They also provide for textual consistency within the Bill.[Lyn...Vol-901 Book-3 Page [687]
17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Amendments Nos. 4, 8, 20, 21, 68, 76, 142 to 146, inclusive, 148, 176 to 214, inclusive, 297 and 298 are related and may be discussed together.[Durkan, Bernard J.]Vol-901 Book-3 Page [687]
17/12/2015 [Bills] Seanad amendment No. 4:
Section 2: In page 10, to delete lines 23 and 24 and substitute the following:
“ “attorney” has the meaning assigned to it by section 51(1);
“attorney under the Act of 1996” means a person appointed under an enduring power under the Act of 1996;”.
Vol-901 Book-3
17/12/2015 [Bills] This group of amendments provide for the remodelling of Part 7 relating to the enduring power of attorney. I indicated on Committee Stage in the Dáil that I would bring forward amendments to the enduring power provisions to align them with the revised provisions on co-decision-making and ch...Vol-901 Book-3 Page [688]
17/12/2015 [Bills] The Seanad amendments to the enduring powers of attorney provisions align the provisions with the UN Convention on the Rights of Persons with Disabilities and current international best practice. The amendments also align the provisions with the rest of the Bill. The amendments strengthen ...Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 5:
Section 2: In page 10, to delete line 25.
Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 6:
Section 2: In page 10, to delete lines 28 and 29.
Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 7:
Section 2: In page 11, between lines 19 and 20, to insert the following:
" "designated centre" has the meaning it has in section 2 of the Health Act 2007;".
Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 8:
Section 2: In page 11, to delete lines 22 to 25 and substitute the following:
" "enduring power of attorney" has the meaning assigned to it by section 51(2);
"enduring power under the Act of 1996” means an enduring power referred to in section 4 of the Act of 1996 whi...
Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendments Nos. 9, 10, 25, 46 to 49, inclusive, 53, 55, 72, 73, 75, 77, 82, 90, 105, 106, 115, 215 to 217, inclusive, and 249 are related and will be discussed together.[Durkan, Bernard J.]Vol-901 Book-3 Page [689]
17/12/2015 [Bills] Seanad amendment No. 9:
Section 2: In page 11, line 28, to delete "(9)" and substitute "(10)".
Vol-901 Book-3
17/12/2015 [Bills] I will address Seanad amendments Nos. 9, 10, 25, 46 to 49, inclusive, 53, 55, 72, 73, 75, 77, 82, 90, 105, 106, 111, 215 to 217, inclusive, and 249. This is another large group of amendments. It concerns a range of corrections to wording, spelling, cross-references, section numbers and upd...Vol-901 Book-3 Page [689]
17/12/2015 [Bills] The Minister of State may have referred to amendment No. 115 in this grouping as amendment No. 111. I just want to clarify that the correct reference is amendment No. 115.[Durkan, Bernard J.]Vol-901 Book-3 Page [689]
17/12/2015 [Bills] I will read out the grouping of amendments again for the sake of clarity.[Lynch, Kathleen]Vol-901 Book-3 Page [689]
17/12/2015 [Bills] No. That is okay.[Durkan, Bernard J.]Vol-901 Book-3 Page [689]
17/12/2015 [Bills] The correct reference is amendment No. 115.[Lynch, Kathleen]Vol-901 Book-3 Page [689]
17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 10:
Section 2: In page 11, line 33, to delete "paragraph (a), (b), (c), (d), (e) or (f)" and substitute "paragraph (a), (b), (c), (d), or (e)".
Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 11:
Section 2: In page 11, to delete lines 35 to 38 and substitute the following:
" "intervention”, in relation to a relevant person, means an action taken under this Act, orders made under this Act or directions given under this Act in respect of the relevant person by—...
Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 12:
Section 2: In page 12, to delete lines 17 to 21 and substitute the following:
" "owner", in relation to a designated centre or mental health facility, includes a person managing a designated centre or mental health facility, or a director (including a shadow director...
Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 13:
Section 2: In page 12, line 30, to delete "nursing home or residential facility" and substitute "designated centre".
Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 14:
Section 2: In page 13, to delete lines 12 and 13 and substitute the following:
"(g) the discharge of the relevant person’s debts, tax and duty liabilities and obligations or other obligations;".
Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 15:
Section 2: In page 14, to delete lines 12 and 13.
Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendments Nos. 16, 27, 41, 62 and 270 to 273, inclusive, are related and will be discussed together.[Durkan, Bernard J.]Vol-901 Book-3 Page [690]
17/12/2015 [Bills] Seanad amendment No 16:
Section 2: In page 14, between lines 13 and 14, to insert the following:
" "relevant information", in relation to a relevant person, means personal records relating to the relevant person or other information that the relevant person is entitled to and that is or are....
Vol-901 Book-3
17/12/2015 [Bills] Seanad amendments Nos. 16, 27, 41, 62, and 270 to 273, inclusive, inserted provisions to ensure that information is sourced, used and stored correctly and in compliance with data protection obligations.
Seanad amendment No. 16 brings the Bill into compliance with the Data Protection Act by...
Vol-901 Book-3 Page [690]
17/12/2015 [Bills] Seanad amendment No. 17:
Section 2: In page 14, lines 17 and 18, to delete "in accordance with the provisions of this Act".
Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 18:
Section 2: In page 14, to delete lines 35 to 39, and in page 15, to delete lines 1 to 8 and substitute the following:
"(a) one or both residing in or entering a designated centre or mental health facility, or
(b) one or both residing in or entering an institution (o...
Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 19:
Section 3: In page 15, lines 10 to 12, to delete all words from and including "(including” in line 10 down to and including "directive)" in line 12.
Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 20:
Section 4: In page 16, line 4, to delete "Parts 6, 7," and substitute "Parts 6,".
Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 21:
Section 4: In page 16, lines 4 and 5, to delete "and Schedules 1 and 2".
Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 22:
Section 4: In page 16, line 23, to delete "relevant".
Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 23:
Section 4: In page 16, line 26, to delete "relevant".
Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendments Nos. 24 and 167 to 175, inclusive, are related and will be discussed together.[Durkan, Bernard J.]Vol-901 Book-3 Page [692]
17/12/2015 [Bills] Seanad amendment No. 24:
Section 7: In page 17, to delete lines 3 and 4 and substitute the following:
"Repeals
7. (1) The Marriage of Lunatics Act 1811 is repealed.
(2) Subject to the provisions of Part 6, the Lunacy Regulation (Ireland) Act 1871 is repealed.".
Vol-901 Book-3
17/12/2015 [Bills] I will address Seanad amendments Nos. 24 and 167 to 175, inclusive. Seanad amendment No. 24 is a technical amendment. It moves the provisions repealing the Lunacy Regulation (Ireland) Act 1871 to section 7. It is considered good drafting practice for the legislation which is to be repeale...Vol-901 Book-3 Page [692]
17/12/2015 [Bills] We want to make this as free-flowing as possible.
Seanad amendment No. 169 was in response to a request from Sinn Féin Senators 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 relatio...
Vol-901 Book-3
17/12/2015 [Bills] It is important that we recognise what is happening in these amendments. A great effort has been made to correct language in our legislation. The stigma associated with mental health issues is a great stealer from families and it causes great harm. I, therefore, welcome the fact that we a...Vol-901 Book-3 Page [693]
17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 25:
Section 8: In page 17, line 8, to delete "subsections (2) to (9)" and substitute "subsections (2) to (10)".
Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 26:
Section 8: In page 18, line 27, to delete "relevant".
Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 27:
Section 8: In page 18, between lines 31 and 32, to insert the following:
"(10) The intervener, in making an intervention in respect of a relevant person—
(a) shall not attempt to obtain relevant information that is not reasonably required for making a relevant decisi...
Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendments Nos. 28 to 40, inclusive, 42, 43, 149 to 159, inclusive, and 161 to 164, inclusive are related and will be discussed together.[Durkan, Bernard J.]Vol-901 Book-3 Page [694]
17/12/2015 [Bills] Seanad amendment No. 28:
Section 10: In page 19, line 14, to delete "person" where it firstly occurs and substitute "person who has also attained that age".
Vol-901 Book-3
17/12/2015 [Bills] Seanad amendments Nos. 28 to 40, 42, and 43 align the provisions relating to decision-making assistants with those agreed by the Dáil for co-decision-makers. In response to a request from disability groups last month, amendment No. 29 will allow a person to appoint more than one decision-ma...Vol-901 Book-3 Page [694]
17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 29:
Section 10: In page 20, to delete lines 11 to 18 and substitute the following:
"(5) An appointer may, in the decision-making assistance agreement, appoint more than one person as a decision-making assistant and may specify that the decision-making assistants shall ac...
Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 30:
Section 10: In page 20, to delete lines 19 to 42, and in page 21, to delete lines 1 to 32.
Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 31:
Section 11: In page 21, between lines 32 and 33, to insert the following:
"Persons who are not eligible to be decision-making assistants
11. (1) A person shall not be eligible for appointment as a decision-making assistant if he or she—
(a) has been convicted of an o...
Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 32:
Section 11: In page 21, between lines 32 and 33, to insert the following:
"Nullity
12. Where an event specified in any of paragraphs (a) to (c) occurs, a decision-making assistance agreement shall, with effect from the date on which the event occurs, be null and void...
Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 33:
Section 11: In page 21, between lines 32 and 33, to insert the following:
"Disqualification as decision-making assistant
13. (1) A decision-making assistant shall, with effect from the date on which an event specified in paragraphs (a) to (c) occurs or, in the case o...
Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 34:
Section 11: In page 21, line 34, to delete "The functions of a decision-making assistant shall be—" and substitute the following:
"In exercising his or her functions as specified in the decision-making assistance agreement, the decision-making assistant shall—".
Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 35:
Section 11: In page 21, to delete lines 35 to 37 and substitute the following:
"(a) assist the appointer to obtain the appointer’s relevant information,".
Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 36:
Section 11: In page 21, line 38, to delete "to advise" and substitute "advise".
Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 37:
Section 11: In page 22, line 1, to delete "to ascertain" and substitute "ascertain".
Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 38:
Section 11: In page 22, line 2, to delete "to assist" and substitute "assist".
Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 39:
Section 11: In page 22, line 4, to delete "to assist" and substitute "assist".
Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 40:
Section 11: In page 22, line 5, to delete "to endeavour" and substitute "endeavour".
Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 41:
Section 11: In page 22, to delete lines 6 to 14.
Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 42:
Section 11: In page 22, between lines 15 and 16, to insert the following:
"(5) A relevant decision taken by the appointer with the assistance of the decision-making assistant is deemed to be taken by the appointer for all purposes.".
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 43:
Section 12: In page 22, to delete lines 16 to 37 and in page 23, to delete line 1 to 4 and substitute the following:
"Complaints in relation to decision-making assistants
12. (1) A person may make a complaint in writing to the Director concerning one or both of the.....
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendments Nos. 44, 45, 50 to 52, inclusive, 54 to 61, inclusive, 63 to 67, inclusive, 69 to 71, inclusive, 74, 78 to 81, inclusive, 83 to 89, inclusive, 91 to 104, inclusive, 107 to 114, inclusive, and 116 to 132, inclusive, are related and will be discussed together.[Durkan, Bernard...Vol-901 Book-3 Page [701]
17/12/2015 [Bills] Seanad amendment No. 44:
Section 14: In page 23, line 23, after “section” to insert “and section 15”.
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17/12/2015 [Bills] Amendments Nos. 44, 45, 50 to 52, inclusive, 54 to 61, inclusive, 63 to 67, inclusive, 69 to 71, inclusive, 74, 78 to 81, inclusive, 83 to 89, inclusive, 91 to 104, inclusive, 107 to 114, inclusive, and 116 to 132, inclusive, are essentially technical points to address some issues that need ...Vol-901 Book-3 Page [701]
17/12/2015 [Bills] An issue has been brought to my attention by some of the stakeholders on facilitating the move of the decision support service to the Mental Health Commission. A number of NGOs advocate that a DSS should be set up as an independent statutory body with reporting responsibilities to the Depar...Vol-901 Book-3 Page [701]
17/12/2015 [Bills] The Minister of State dealt with this point in her contribution on a previous amendment in which she spoke of the work to take place in the immediate future with the Mental Health Commission. The language she used was interesting because it gives the House an opportunity to look at her ambi...Vol-901 Book-3 Page [702]
17/12/2015 [Bills] Competence is the issue. Over the last two years, we have been told constantly that the Courts Service is not the appropriate place. People did not feel comfortable with the paternalistic approach taken to justice over the centuries by past Governments. There is a perception that the cour...Vol-901 Book-3 Page [702]
17/12/2015 [Bills] The organisations that have concerns about this are Tallaght Trialogue and Recovery Experts by Experience.[Mac Lochlainn, Pádraig]Vol-901 Book-3 Page [703]
17/12/2015 [Bills] I understand that the Centre for Disability, Law and Policy in NUI Galway, the National Disability Service and Inclusion Ireland have advocated for an independent statutory body. I listened to what the Minister of State said and I understand this Government's policy of amalgamation of bodie...Vol-901 Book-3
17/12/2015 [Bills] We have always held the view that this legislation is far from perfect. The Minister of State stated earlier that work on the transfer of the decision support service, DSS, from the Courts Service to the Mental Health Commission will commence in the next couple of weeks. Perhaps she would....Vol-901 Book-3 Page [703]
17/12/2015 [Bills] The Minister of State said that location of the decision support service within the Mental Health Commission is a perfect fit, which contradicts the point she made earlier that the ideal would be a stand-alone agency but because the Government has committed to not creating any new agencies a...Vol-901 Book-3 Page [703]
17/12/2015 [Bills] The two new bodies mentioned are self-funding, which is the central difference. For as long as I am involved in politics I will not allow the imposition of financial penalties in this area. I have a particular problem with the association of the Road Safety Authority with the Mental Health...Vol-901 Book-3 Page [704]
17/12/2015 [Bills] The policing authority is not self-financing.[Mac Lochlainn, Pádraig]Vol-901 Book-3 Page [704]
17/12/2015 [Bills] No, but it will remain part of the justice system. It will be independent but so, too, is the Mental Health Commission. Perhaps a future Government will decide that the DSS should be a stand-alone agency. Even if that were the case now, I would still be looking to the Mental Health Commis...Vol-901 Book-3 Page [704]
17/12/2015 [Bills] Perhaps the Minister of State will tell us why it is the best fit. She has not told us thus far why the Mental Health Commission is the best fit.[Mac Lochlainn, Pádraig]Vol-901 Book-3 Page [704]
17/12/2015 [Bills] The Mental Health Commission has the expertise in this area. As I said, even if we were in this legislation proposing the establishment of a new agency we would still be looking to the Mental Health Commission to do it for us. The Mental Health Commission has the expertise and knowledge re...Vol-901 Book-3 Page [704]
17/12/2015 [Bills] The Minister of State said in the Seanad that the ideal would be a stand-alone agency.[Mac Lochlainn, Pádraig]Vol-901 Book-3 Page [704]
17/12/2015 [Bills] Yes.[Lynch, Kathleen]Vol-901 Book-3 Page [704]
17/12/2015 [Bills] She also said that unfortunately the Government is committed to not create any new agencies.[Mac Lochlainn, Pádraig]Vol-901 Book-3 Page [704]
17/12/2015 [Bills] Yes.[Lynch, Kathleen]Vol-901 Book-3 Page [705]
17/12/2015 [Bills] The Minister of State is agreed that the ideal would be a stand-alone agency. As such, she is in agreement with the NGOs, civic society experts and so on. As I understand it the Minister of State has deferred that she would share their point of view.[Mac Lochlainn, Pádraig]Vol-901 Book-3 Page [705]
17/12/2015 [Bills] No argument.[Lynch, Kathleen]Vol-901 Book-3 Page [705]
17/12/2015 [Bills] The only reason the Minister of State has given for the non-establishment of a stand-alone agency is that the Government is committed to not creating new agencies. As I said the Charities Regulatory Authority and proposed legal services regulatory authority-----[Mac Lochlainn, Pádraig]Vol-901 Book-3 Page [705]
17/12/2015 [Bills] They are self-financing.[Lynch, Kathleen]Vol-901 Book-3 Page [705]
17/12/2015 [Bills] The policing authority is not self-financing, so that excuse is out the window. The other bodies I mentioned are subsidised by central government. Although they raise additional revenue through levies from the charities and legal services sectors, they do receive public money also. The Mi...Vol-901 Book-3 Page [705]
17/12/2015 [Bills] I have just torn apart the very reason the Minister of State gave in the Seanad and here today. It has been torn apart. She said no new agencies have been created by the Government. I identified three in the Department of Justice and Equality. She then said they were self-funding. They ...Vol-901 Book-3
17/12/2015 [Bills] The Deputy is repeating himself.[Durkan, Bernard J.]Vol-901 Book-3 Page [705]
17/12/2015 [Bills] I echo those points. It is a bit baffling-----[Murphy, Paul]Vol-901 Book-3 Page [705]
17/12/2015 [Bills] The Deputy is easily baffled.[Lynch, Kathleen]Vol-901 Book-3 Page [705]
17/12/2015 [Bills] -----that the Minister of State agrees that the best case scenario is an independent agency. The experts agree the best case scenario is an independent agency. The Minister of State then says the Government has decided it cannot set up any new agencies and therefore, unfortunately, it cann...Vol-901 Book-3 Page [705]
17/12/2015 [Bills] I will try to be constructive. We have always said that the legislation was far from perfect. It has taken 145 years to get to a far from perfect situation. I do not want to be seen to be bailing out the Minister of State but I am conscious that we need to look at this matter from the poi...Vol-901 Book-3 Page [706]
17/12/2015 [Bills] It is very much independent.[Lynch, Kathleen]Vol-901 Book-3 Page [706]
17/12/2015 [Bills] The question, therefore, concerns consultation. The Minister of State states that work has to take place with the Mental Health Commission in the immediate future. This may give the Minister of State an opportunity to address the concerns around the perception that there has been no engage...Vol-901 Book-3 Page [706]
17/12/2015 [Bills] It is actually more than that; I will make a further point in a moment.[Mac Lochlainn, Pádraig]Vol-901 Book-3 Page [706]
17/12/2015 [Bills] I take at face value that the Minister of State consulted people, as she said, yesterday morning. The object of my intervention is to see if the Minister of State can assuage fears around the consultation process. What consultation will take place with the Mental Health Commission in the.....Vol-901 Book-3 Page [706]
17/12/2015 [Bills] This Bill has been four years in gestation and we have had two years of consultation, which is why it has been amended repeatedly. The Bill is not the same as the one that first appeared. There is no resemblance. The Title has changed as has the concept underpinning the Bill. The term "b...Vol-901 Book-3 Page [706]
17/12/2015 [Bills] That is not what we said.[Mac Lochlainn, Pádraig]Vol-901 Book-3 Page [707]
17/12/2015 [Bills] I am not saying they said it. The Mental Health Commission is truly independent. We have a job of work to do which will happen over the next six months. There will be a rebranding, which will benefit both sides. However, the Mental Health Commission has the expertise in terms of standard...Vol-901 Book-3 Page [707]
17/12/2015 [Bills] The policing authority is not self-financing. It is not true.[Mac Lochlainn, Pádraig]Vol-901 Book-3 Page [707]
17/12/2015 [Bills] The policing authority is attached to the Department of Justice and Equality. If one makes that argument about the policing authority, one clearly has to make the same argument about the decision support services. It will be attached to another body, which gets Government funding, but it i...Vol-901 Book-3 Page [707]
17/12/2015 [Bills] The Minister of State is now saying the policing authority is not independent.[Mac Lochlainn, Pádraig]Vol-901 Book-3 Page [707]
17/12/2015 [Bills] The Minister of State, without interruption.[Durkan, Bernard J.]Vol-901 Book-3 Page [707]
17/12/2015 [Bills] It will be independent in its operation but it is attached to another body. If we are to examine this issue again, I can tell Deputy Mac Lochlainn that the Bill will be left in the wilderness.[Lynch, Kathleen]Vol-901 Book-3 Page [707]
17/12/2015 [Bills] I thank an tAire Stáit and ask her to move the adjournment.[Durkan, Bernard J.]Vol-901 Book-3 Page [707]
17/12/2015 [Bills] Hold on. It is 11.58 a.m. The clock is above us.[Mac Lochlainn, Pádraig]Vol-901 Book-3 Page [707]
17/12/2015 [Bills] Will the Deputy resume his seat?[Durkan, Bernard J.]Vol-901 Book-3 Page [708]
17/12/2015 [Bills] No. On a point of order, it is 11.58 a.m. It is not 12 noon.[Mac Lochlainn, Pádraig]Vol-901 Book-3 Page [708]
17/12/2015 [Bills] The Deputy should resume his seat. I can see the time up here and it is this new clock that counts. If the Deputy wants to adjust the time as well, he can do so in his own time.[Durkan, Bernard J.]Vol-901 Book-3 Page [708]
17/12/2015 [Bills] There it is. It is 11.59 a.m.[Mac Lochlainn, Pádraig]Vol-901 Book-3 Page [708]
17/12/2015 [Bills] In your own time, Deputy.[Durkan, Bernard J.]Vol-901 Book-3 Page [708]
17/12/2015 [Bills] Progress reported; Committee to sit again.Vol-901 Book-3
17/12/2015 [Bills] The Dáil went into Committee to resume consideration of Seanad amendment No. 44:
Section 14: In page 23, line 23, after “section” to insert “and section 15”.
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17/12/2015 [Bills] Obviously, the issue of consultation is a source of concern and many independent agencies have already been established by the Government. The best way to put these concerns is to quote what the respected Senator Jillian van Turnhout said during the Seanad debate:
... it places the service ...
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17/12/2015 [Bills] I want to raise the same issue. I have received a considerable amount of correspondence about this part of the legislation. I spoke earlier to the legislation before it went to the Seanad. However, this issue has only arisen because of the change made latterly by the Government. Groups s...Vol-901 Book-3 Page [737]
17/12/2015 [Bills] I will be brief because I have said as much as I need to say on this issue. The Bill provides that while the decision support service will, in the first instance, lay its report before the Minister for Health, it will also lay it before the Minister for Justice and Equality because the Mini...Vol-901 Book-3 Page [738]
17/12/2015 [Bills] The Minister of State acknowledges that it would be best if the service was independent. Of course, we cannot do this because we have established that the Government does not establish new agencies but amalgamates them.[Mac Lochlainn, Pádraig]Vol-901 Book-3 Page [738]
17/12/2015 [Bills] Accordingly, we, unfortunately, have to amalgamate this proposed body with the Mental Health Commission. Why did the Minister of State say this in the Seanad and here today when I pointed out Government has established new agencies? The Minister of State also claimed those agencies in ques...Vol-901 Book-3
17/12/2015 [Bills] I do not disagree with the previous speakers about the strategy on the amalgamation of quangos or the merging of one into the other. I do not feel it addresses the spirit of the legislation either. It would be best served in this debate if we all declared submissions made on the legislatio...Vol-901 Book-3 Page [739]
17/12/2015 [Bills] I am not certain how much more I can emphasise this. The reason I was quoted as saying that was because I said it and I said it again in here this morning. Deputy Pádraig Mac Lochlainn does not have to quote the debate from the Seanad because I said it here this morning. The reason I said...Vol-901 Book-3 Page [739]
17/12/2015 [Bills] Seanad amendment put and declared carried.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 45:
Section 14: In page 23, to delete line 33 and substitute the following:
“(b) is able to perform his or her functions under the co-decision-making agreement.”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 46:
Section 14: In page 24, line 10, to delete “subsection (7)” and substitute “subsection (7)(a)”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 47:
Section 14: In page 24, line 13, to delete “subsection (7)” and substitute “subsection (7)(a)”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 48:
Section 14: In page 24, line 17, to delete “subsection (7)” and substitute “subsection (7)(b)”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 49:
Section 14: In page 24, line 24, to delete “of” where it secondly occurs.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 50:
Section 14: In page 24, line 26, to delete “(or the person signing on his or her behalf)” and substitute “, or the person signing on his or her behalf,”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 51:
Section 14: In page 25, line 2, to delete “step-child,”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 52:
Section 14: In page 25, line 7, to delete “of the relevant person”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 53:
Section 15: In page 25, line 16, to delete “or” where it firstly occurs and substitute “or is”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 54:
Section 15: In page 25, to delete lines 25 to 31 and substitute the following:
“(f) is a person who is—
(i) the owner or registered provider of a designated centre or mental health facility in which the person who intends to appoint him or her as co-decision-maker re...
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 55:
Section 15: In page 25, line 32, to delete “section 128” and substitute “section 31, 72, 73 or 128”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 56:
Section 15: In page 25, line 37, to delete “contains only” and substitute “relates only to”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 57:
Section 16: In page 26, lines 2 to 5, to delete all words from and including “(1) A” in line 2 down to and including line 5.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 58:
Section 16: In page 26, line 6, after “functions” to insert “as specified in the co-decision-making agreement”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 59:
Section 16: In page 26, line 11, to delete “them” and substitute “the appointer’s will and preferences”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 60:
Section 16: In page 26, to delete lines 12 to 14 and substitute the following:
“(c) assist the appointer to obtain the appointer’s relevant information,”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 61:
Section 16: In page 26, to delete line 15 and substitute the following:
“(d) discuss with the appointer the known alternatives and likely outcomes of a relevant decision,”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 62:
Section 16: In page 26, to delete lines 19 to 26.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 63:
Section 16: In page 26, to delete lines 34 to 39, and in page 27, to delete lines 1 to 3 and substitute the following:
“(7) Where—
(a) after an application has been made under section 18 to register a co-decision-making agreement but before registration of the agreem...
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 64:
Section 16: In page 27, to delete lines 4 to 8 and substitute the following:
“(8) In this Part, a reference to a relevant decision being made jointly means that a co-decision-maker—
(a) shall acquiesce with the wishes of the appointer in respect of the relevant decis...
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 65
Section 16: In page 27, line 10, to delete “in relation to those specified in respect of him or her” and substitute “the relevant decisions specified”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 66:
Section 17: In page 27, line 16, after “in” to insert “any of”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 67:
Section 17: In page 27, line 18, to delete “it” and substitute “the co-decision-making agreement”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 68:
Section 17: In page 27, line 24, after “attorney” to insert “or enduring power under the Act of 1996”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 69:
Section 17: In page 27, line 26, after “in” where it firstly occurs to insert “any of”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 70:
Section 17: In page 28, to delete lines 7 and 8 and substitute the following:
“(a) the civil partnership is annulled or dissolved (other than where the dissolution occurs by virtue of the parties to that civil partnership marrying each other) either—
(i) under the l...
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 71:
Section 17: In page 28, lines 18 and 19, to delete “the appointment of a co-decision-maker” and substitute “the registration of a co-decision-making agreement”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 72:
Section 17: In page 28, to delete lines 27 and 28 and substitute the following:
“(d) the co-decision-maker becomes a person in respect of whom a declaration under section 819 of the Act of 2014 has been made or is deemed to be subject to such a declaration by virtue ...
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 73:
Section 17: In page 28, line 31, after "Chapter" to insert "or any other provisions of that Act".
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 74:
Section 17: In page 28, to delete lines 32 to 37 and substitute the following:
"(f) the co-decision-maker becomes—
(i) the owner or registered provider of a designated centre or mental health facility in which the appointer resides, or
(ii) a person residing with, o...
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 75:
Section 17: In page 28, line 38, to delete “section 128” and substitute "section 31, 72, 73 or 128".
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 76:
Section 17: In page 29, line 2, after "attorney" to insert "or enduring power under the Act of 1996".
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 77:
Section 17: In page 29, line 4, to delete “an order under Part 5” and substitute "a declaration under section 34(1)".
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 78:
Section 17: In page 29, line 6, to delete "shall" and substitute "should".
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 79:
Section 17: In page 29, line 11, to delete "contains" and substitute "relates to".
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 80:
Section 17: In page 29, to delete lines 12 to 23 and substitute the following:
"(8) Where a co-decision-making agreement which stands registered becomes null and void in whole or to the extent that it relates to one or more relevant decisions, the co-decision-maker o...
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 81:
Section 18: In page 30, lines 20 and 21, to delete "the functions of a co-decision-maker" and substitute "his or her functions as specified in the co-decision-making agreement".
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 82:
Section 18: In page 30, line 35, to delete "his or her" and substitute "their".
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 83:
Section 18: In page 31, line 7, to delete "details of the notice given" and substitute "a copy of any notice given".
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 84:
Section 19: In page 31, line 12, to delete "whether—" and substitute "whether the following criteria are met:".
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 85:
Section 19: In page 31, to delete lines 15 and 16 and substitute the following:
"(c) the co-decision-maker is eligible for appointment within the meaning of section 15,".
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 86:
Section 19: In page 31, line 25, to delete "satisfied" and substitute "of the view".
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 87:
Section 19: In page 31, line 34, to delete "satisfied" and substitute "of the view".
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 88:
Section 21: In page 32, line 37, to delete "in respect of" and substitute "to make".
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 89:
Section 21: In page 33, line 1, to delete "in respect of" and substitute "to make".
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 90:
Section 21: In page 33, line 7, to delete "or falls under paragraphs (a) to (h) of section 15(1)" and substitute "or is not eligible for appointment by virtue of section 15".
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 91:
Section 21: In page 33, between lines 7 and 8, to insert the following:
"(g) that a false statement is included in the application to register the co-decision-making agreement;".
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 92:
Section 21: In page 33, line 10, after "subsection (2)," to insert "which has been made in the period specified in subsection (1),".
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 93:
Section 23: In page 34, line 28, to delete "whether—" and substitute "whether the following criteria are met:".
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 94:
Section 23: In page 34, line 30, to delete "falls" and substitute "does not fall".
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 95:
Section 23: In page 34, line 31, to delete "effectively".
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 96:
Section 23: In page 34, line 32, to delete "effectively".
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 97:
Section 23: In page 34, line 34, to delete "and".
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 98:
Section 23: In page 35, line 9, to delete "the matters in" and substitute "the criteria set out in".
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 99:
Section 23: In page 35, lines 9 and 10, to delete "does not, or no longer continues to, apply," and substitute "does not apply,".
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 100:
Section 23: In page 35, line 16, to delete "the matters in" and substitute "the criteria set out in".
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 165:
Section 43: In page 55, between lines 19 and 20, to insert the following:
"(a) in section 1 by inserting the following definition:
" 'relevant person' has the meaning it has in the Assisted Decision-Making (Capacity) Act 2015;".".
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 166:
Section 43: In page 55 to delete lines 28 to 36 and substitute the following:
"(b) in section 28 by inserting after subsection (3) the following:
"(3A) Where the proceedings the subject matter of the application under this section concern an application under Part 5...
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 167:
Section 45: In page 56, line 10, to delete "An application for the review of the capacity of a ward" and substitute "An application for a declaration under section 46(1) in respect of a ward".
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 168:
Section 45: In page 56, line 13, to delete “or”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 169:
Section 45: In page 56, between lines 13 and 14, to insert the following:
"(b) a relative or friend of the ward who has had such personal contact with the ward over such period of time that a relationship of trust exists between them, or".
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 170:
Section 45: In page 56, line 17, to delete "review the capacity of a ward" and substitute "make a declaration under section 46(1) in respect of a ward".
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 171:
Section 45: In page 56, to delete lines 20 to 22 and substitute the following:
“(3) Where a ward reaches the age of 18 years after the period specified in subsection (2)(b), the wardship court shall, within 6 months of the ward reaching that age, make a declaration ...
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 172:
Section 46: In page 56, line 24, to delete "after reviewing the capacity of the ward" and substitute "on an application being made to it under section 45(1), or pursuant to section 45(2) or (3)".
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 173:
Section 46: In page 57, line 16, to delete “, following the review of the capacity of a ward,”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 174:
Section 47: In page 57, to delete lines 22 to 27 and substitute the following:
"Saver
47. (1) The repeal of the Lunacy Regulation (Ireland) Act 1871 by section 7 shall not affect the validity of any order—
(a) made by the wardship court within its jurisdiction, and
...
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 175:
Section 49: In page 58, to delete lines 7 to 15.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 176:
Section 50: In page 58, between lines 17 and 18, to insert the following:
“Interpretation - Part 7
50. (1) In this Part—
“disqualified”, in relation to an attorney, means the attorney becomes a person referred to in section 58 or a person that the court determines u...
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 177:
Section 50: In page 58, between lines 17 and 18, to insert the following:
"Enduring power of attorney - general
51. (1) Subject to the provisions of this section and sections 52, 54 and 55, a person who has attained the age of 18 years (in this Act referred to as “d...
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 178:
Section 50: In page 58, between lines 17 and 18, to insert the following:
"Content of instrument creating an enduring power of attorney
52. (1) An instrument creating an enduring power of attorney shall include the following statements:
(a) by the donor that he or s...
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 179:
Section 50: In page 58, between lines 17 and 18, to insert the following:
"Notice of execution of an enduring power of attorney
53. (1) The donor shall, as soon as practicable after the execution of the instrument creating the enduring power of attorney, give notice...
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 180:
Section 50: In page 58, between lines 17 and 18, to insert the following:
"Scope of authority - personal welfare decisions
54. (1) Where an enduring power of attorney confers authority in relation to personal welfare, the power does not authorise an attorney to do a...
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 181:
Section 50: In page 58, between lines 17 and 18, to insert the following:
"Scope of authority – property and affairs
55. (1) An attorney may act under an enduring power of attorney relating to property and affairs for the attorney’s benefit or that of other persons ...
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 182:
Section 50: In page 58, between lines 17 and 18, to insert the following:
"Application to joint and joint and several attorneys
56. (1) A donor may, in an enduring power of attorney, appoint more than one attorney and may specify that the attorneys shall act—
(a)...
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 183:
Section 50: In page 58, between lines 17 and 18, to insert the following:
"Persons who are not eligible to be attorneys
57. (1) A person shall not be eligible for appointment as an attorney under an enduring power of attorney if he or she—
(a) has been convicted of ...
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 184:
Section 50: In page 58, between lines 17 and 18, to insert the following:
“Disqualification of attorney
58. (1) An attorney shall, with effect from the date on which an event specified in any of paragraphs (a) to (c) occurs or, in the case of an event specified in.....
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17/12/2015 [Bills] (4) Subject to subsection (5), where, subsequent to the appointment of an attorney—
(a) the attorney is convicted of an offence in relation to the person or property of the donor or the person or property of a child of the donor,
(b) a safety or barring order is made against the attorney in...
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] I do not want to hold up proceedings but I thank the Deputies opposite who have taken an interest in the Bill. It is technical, long and complex and has been amended dramatically. It is not the same Bill as originally presented. From time to time, it must have seemed cumbersome and diffic...Vol-901 Book-3 Page [802]
17/12/2015 [Bills] I welcome the Minister of State's comments. Many human rights advocacy groups have been calling for this legislation. As the Minister of State has said, it has been 144 years in the melting pot, and irrespective of the nuance of the language, it was as complex then as it has been for the t...Vol-901 Book-3 Page [802]
17/12/2015 [Bills] I should also have mentioned that Department of Health officials worked very hard on this on the advanced health care directives.[Lynch, Kathleen]Vol-901 Book-3 Page [803]
17/12/2015 [Bills] Seanad amendments reported.Vol-901 Book-3
17/12/2015 [Bills] Agreement to the Seanad amendments is reported to the House. A message will be sent to Seanad Éireann acquainting it accordingly.[An Ceann Comhairle]Vol-901 Book-3 Page [803]
17/12/2015 [Bills] Seanad amendment No. 185:
Section 50: In page 58, between lines 17 and 18, to insert the following:
"Function of court prior to registration
59. On application to it by any interested party, the court may, where it has reason to believe that the donor of an enduring power of attorney lacks c...
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 186:
Section 50: In page 58, between lines 17 and 18, to insert the following:
"Application for registration of instrument creating enduring power
60. (1) Where an attorney has reason to believe that the donor lacks capacity in relation to one or more relevant decisions ...
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 187:
Section 50: In page 58, between lines 17 and 18, to insert the following:
"Registration of an instrument creating an enduring power of attorney
61. (1) On receipt of an application under section 60, the Director shall review the application and any objections receiv...
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 188:
Section 50: In page 58, between lines 17 and 18, to insert the following:
"Effect and proof of registration
62. (1) The effect of the registration of an instrument creating an enduring power of attorney is that—
(a) no revocation of the enduring power of attorney by...
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 189:
Section 50: In page 58, between lines 17 and 18, to insert the following:
"Objections to registration
63. (1) Any of the persons referred to in section 60(3), or any other person who appears to the Director to have sufficient interest or expertise in the welfare of ...
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 190:
Section 50: In page 58, between lines 17 and 18, to insert the following:
"Register of enduring powers
64. (1) The Director shall establish and maintain a register (in this Part referred to as “the Register”) of instruments creating an enduring power of attorney.
(2...
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 191:
Section 50: In page 58, between lines 17 and 18, to insert the following:
"Revocation and variation of enduring power
65. (1) An enduring power of attorney may be varied or revoked by the donor, where the instrument creating the enduring power of attorney has not be...
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 192:
Section 50: In page 58, between lines 17 and 18, to insert the following:
"Disclaimer by attorney
66. (1) An attorney may disclaim an enduring power of attorney where the instrument creating it has not been registered subject to his or her giving notice of such disc...
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 193:
Section 50: In page 58, between lines 17 and 18, to insert the following:
"Reports by attorney
67. (1) An attorney under an enduring power of attorney which confers authority in relation to property and affairs shall, within 3 months of the registration of the instr...
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 194:
Section 50: In page 58, between lines 17 and 18, to insert the following:
"Complaints in relation to attorneys
68. (1) A person may make a complaint in writing to the Director concerning one or more of the following matters:
(a) that an attorney has acted, is acting...
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 195:
Section 50: In page 58, between lines 17 and 18, to insert the following:
"Applications to court
69. (1) Where the Director makes an application to the court for a determination on whether the instrument creating an enduring power of attorney should be registered, t...
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 196:
Section 50: In page 58, between lines 17 and 18, to insert the following:
"Removal of instrument from the Register
70. (1) The Director shall remove from the Register an instrument creating an enduring power of attorney where—
(a) there has been a revocation in acco...
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 197:
Section 50: In page 58, between lines 17 and 18, to insert the following:
"Regulations
71. The Minister, having regard to the requirements of this Part, shall prescribe by regulations the following matters:
(a) the form of an instrument creating an enduring power of...
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 198:
Section 50: In page 58, between lines 17 and 18, to insert the following:
"Offences in relation to enduring powers of attorney
72. (1) A person who uses fraud, coercion or undue influence to force another person to make, vary or revoke an enduring power of attorney ...
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 199:
Section 50: In page 58, between lines 17 and 18, to insert the following:
"Transitional provisions
73. (1) Subject to sections 68(2), 68(3), 68(4), 68(5), 68(6), 68(7) and 68(8), this Part shall not apply to—
(a) an enduring power of attorney under the Act of 1996,
...
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 200:
Section 50: In page 58, to delete lines 20 to 35, and in page 59, to delete line 1.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 201:
Section 51: In page 59, to delete lines 2 to 20.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 202:
Section 52: In page 59, to delete lines 21 to 37, to delete pages 60 to 62, and in page 63, to delete lines 1 to 22.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 203:
Section 53: In page 63, to delete lines 25 to 39, and in page 64, to delete lines 1 to 22.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 204:
Section 54: In page 64, to delete lines 23 to 41, and in page 65, to delete lines 1 to 21.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 205:
Section 55: In page 65, to delete lines 22 to 38.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 206:
Section 56: In page 66, to delete lines 3 to 10.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 207:
Section 57: In page 66, to delete lines 11 to 36.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 208:
Section 58: In page 66, to delete lines 37 and 38, and in page 67, to delete lines 1 to 38.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 101:
Section 23: In page 35, lines 16 and 17, to delete "does not, or no longer continues to, apply," and substitute "does not apply,".
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 102:
Section 23: In page 35, lines 20 and 21, to delete "does not, or no longer continues to, apply," and substitute "does not apply,".
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 103:
Section 24: In page 35, line 38, to delete "notice" and substitute "notification".
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 104:
Section 24: In page 35, to delete lines 40 to 42 and substitute the following:
“(4) Where a co-decision-maker fails to comply with a notification under subsection (3), the Director shall—
(a) in the case of the submission of an incomplete report and following any ne...
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 105:
Section 24: In page 35, line 43, to delete “subsection (4)” and substitute “subsection (4)(b)”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 106:
Section 25: In page 36, line 16, after “and” where it firstly occurs to insert “, subject to section 14(6),”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 107:
Section 27: In page 38, to delete lines 1 to 3 and substitute the following:
“(a) that the co-decision-maker has acted, is acting, or is proposing to act outside the scope of his or her functions under the co-decision-making agreement;”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 108:
Section 27: In page 38, line 7, to delete “the” where it firstly occurs and substitute “an”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 109:
Section 27: In page 38, line 9, to delete “the” and substitute “an”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 110:
Section 27: In page 38, line 11, to delete “the” where it firstly occurs and substitute “an”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 111:
Section 27: In page 38, line 14, to delete “the” where it firstly occurs and substitute “an”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 112:
Section 27: In page 38, line 18, after “investigation” to insert “of the matter which is the subject of that complaint”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 113:
Section 27: In page 38, between lines 23 and 24, to insert the following:
“(3) A person who receives a notification under subsection (2)(b) may, not later than 21 days after the date of issue of the notification, appeal a decision of the Director that the complaint ...
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 114:
Section 27: In page 38, line 25, after “to” to insert “the”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 115:
Section 27: In page 38, line 28, to delete “subsection (2)” and substitute “subsection (2)(a)”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 116:
Section 27: In page 38, to delete lines 29 and 30 and substitute the following:
“(b) pursuant to an appeal under subsection (3),”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 117:
Section 27: In page 38, lines 31 and 32, to delete “which was the subject of a complaint to the Director”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 118:
Section 28: In page 38, lines 36 and 37, to delete all words from and including “make” in line 36 down to and including line 37 and substitute “prescribe by regulations the following matters:”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 119:
Section 28: In page 38, line 38, to delete “prescribing”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 120:
Section 28: In page 38, line 39, to delete “prescribing”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 121:
Section 28: In page 39, line 2, to delete “prescribing”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 122:
Section 28: In page 39, line 5, to delete “prescribing”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 123:
Section 28: In page 39, line 7, to delete “prescribing”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 124:
Section 28: In page 39, line 9, to delete “prescribing”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 125:
Section 28: In page 39, line 11, to delete “prescribing”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 126:
Section 28: In page 39, line 13, to delete “prescribing”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 127:
Section 28: In page 39, line 16, to delete “prescribing”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 128:
Section 28: In page 39, to delete line 22.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 129:
Section 28: In page 39, line 23, to delete “prescribing”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 130:
Section 29: In page 39, line 25, after “Where” to insert “, under this Part,”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 209:
Section 59: In page 68, to delete lines 1 to 20.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 210:
Section 60: In page 68, to delete lines 21 to 35.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 211:
Section 61: In page 69, to delete lines 3 to 40, and in page 70, to delete lines 1 to 24.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 212:
Section 62: In page 70, to delete lines 25 to 38, and in page 71, to delete lines 1 to 17.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 213:
Section 63: In page 71, to delete lines 20 to 39, and in page 72, to delete lines 1 to 15.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 214:
Section 64: In page 72, to delete lines 16 to 40, and in page 73, to delete lines 1 to 15.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 215:
Section 65: In page 73, line 22, to delete “sections 67 and 68” and substitute “section 67”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 216:
Section 67: In page 75, line 22, to delete “in accordance with subsection (6)” and substitute “referred to in subsection (6)(a)”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 217:
Section 67: In page 75, line 29, to delete “subsection (6)” and substitute “subsection (6)(b)”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 218:
Section 67: In page 75, line 38, to delete “(or the person signing on his or her behalf)” and substitute “or the person signing on his or her behalf,”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 219:
Section 67: In page 76, line 34, to delete “step-child,”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 220:
Section 67: In page 76, line 39, to delete “of the relevant person”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 221:
Section 69: In page 78, line 29, to delete “specific”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 222:
Section 69: In page 78, line 31, to delete “the refusal” and substitute “the advance healthcare directive”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 223:
Section 69: In page 78, line 33, to delete “specific”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 224:
Section 69: In page 78, line 34, after “directive” to insert “and”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 225:
Section 69: In page 78, line 35, to delete “the refusal” and substitute “the advance healthcare directive”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 226:
Section 69: In page 78, line 39, to delete “an advance healthcare directive” and substitute “a refusal of treatment set out in an advance healthcare directive”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 227:
Section 69: In page 78, line 41, to delete “if”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 228:
Section 70: In page 79, lines 19 and 20, to delete all words from and including “shall” in line 19 down to and including line 20 and substitute “shall not be eligible to be a designated healthcare representative if—”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 229:
Section 70: In page 79, to delete lines 27 to 32 and substitute the following:
“(d) the individual is—
(i) the owner or the registered provider of a designated centre or mental health facility in which the directive-maker resides, or
(ii) a person residing with, or ...
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 230:
Section 70: In page 79, lines 38 and 39, to delete all words from and including “subsequent” in line 38 down to and including line 39 and substitute “subsequent to the designation of an individual as a designated healthcare representative—”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 231:
Section 70: In page 80, to delete lines 5 to 10 and substitute the following:
“(c) the individual becomes—
(i) the owner or the registered provider of a designated centre or mental health facility in which the directive-maker resides, or
(ii) a person residing with,...
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 232:
Section 70: In page 80, to delete line 11.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 233:
Section 70: In page 80, line 16, to delete “directive-maker,” and substitute “directive-maker, or”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 234:
Section 70: In page 80, between lines 16 and 17, to insert the following:
“(e) the individual is unable, for whatever reason, to exercise the relevant powers,”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 235:
Section 70: In page 80, to delete lines 17 to 19 and substitute the following:
“that individual shall not, from the date on which he or she falls within any of paragraphs (a) to (e), be permitted to exercise relevant powers.”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 236:
Section 70: In page 80, to delete lines 22 to 24 and substitute the following:
“(5) Unless otherwise provided in the advance healthcare directive, a designated healthcare representative shall not, with effect from the date on which an event specified in any of parag...
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 237:
Section 70: In page 80, to delete lines 36 to 38 and substitute the following:
“(6) Unless otherwise provided in the advance healthcare directive, a designated healthcare representative shall not, with effect from the date on which an event specified in paragraphs (...
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 238:
Section 70: In page 80, to delete line 39 and substitute the following:
“(a) the civil partnership is annulled or dissolved (other than where the dissolution occurs by virtue of the parties to that civil partnership marrying each other) either—
(i) under the law of ...
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 239:
Section 70: In page 81, to delete lines 3 to 6 and substitute the following:
“(7) Subject to section 2(2) and unless otherwise provided in the advance healthcare directive, a designated healthcare representative shall not, with effect from the expiry of the period r...
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 240:
Section 70: In page 81, to delete lines 7 to 9.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 241:
Section 71: In page 82, lines 7 and 8, to delete “invalidating the advance healthcare directive to the extent that it relates to” and substitute “prohibiting”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 242:
Section 71: In page 82, line 8, after “representative” to insert “from”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 243:
Section 71: In page 82, lines 19 and 20, to delete “(whether by reason of lack of capacity or otherwise) or declines to act,” and substitute “, for whatever reason, to exercise the relevant powers,”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 244:
Section 71: In page 82, line 21, to delete “qualified” and substitute “eligible”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 245:
Section 73: In page 83, line 10, to delete “shall be guilty of” and substitute “commits”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 246:
Section 73: In page 83, line 18, to delete “so shall be guilty of” and substitute “so commits”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 247:
Section 73: In page 83, lines 25 to 27, to delete all words from and including “a” where it secondly occurs in line 25 down to and including “disabilities,” in line 27 and substitute “a designated centre or mental health facility”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 248:
Section 74: In page 85, line 12, to delete “Courts Service” and substitute “Mental Health Commission”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 249:
Section 75: In page 86, line 25, to delete “under section 58”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 250:
Section 75: In page 86, to delete line 27 and substitute the following:
“(b) any decision-making order or decision-making representation order in respect of the directive-maker,”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 251:
Section 75: In page 86, to delete lines 29 to 38, and in page 87, to delete lines 1 to 5.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 252:
Section 77: In page 87, line 26, to delete “Courts Service” and substitute “Mental Health Commission”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 253:
Section 77: In page 87, line 29, to delete “Courts Service” and substitute “Mental Health Commission”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 131:
Section 30: In page 39, lines 35 and 36, to delete “notice of the nullity of a co-decision-making agreement or of a relevant decision which is the subject of a co-decision-making agreement,” and substitute “notification of nullity pursuant to section 17(8),”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 132:
Section 31: In page 40, line 7, to delete “shall be guilty of” and substitute “commits”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 133:
Section 31: In page 40, lines 21 to 23, to delete all words from and including “a” where it secondly occurs in line 21 down to and including “disabilities,” in line 23 and substitute “a designated centre or mental health facility,”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 134:
Section 33: In page 41, line 9, to delete “application,” and substitute “application, and”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 135:
Section 33: In page 41, line 11, to delete “applicant),” and substitute “applicant).”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 136:
Section 33: In page 41, to delete lines 12 to 16.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 137:
Section 33: In page 42, line 16 to 18, to delete all words from and including “power” in line 16 down to and including “section 58)” in line 18 and substitute “enduring power of attorney or enduring power under the Act of 1996”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 138:
Section 33: In page 42, line 22, to delete “and which, to the applicant’s knowledge, still has any force or effect” and substitute “of which the applicant has knowledge”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendments Nos. 139, 165, 166, 251 and 295 are related and may be discussed together.[An Leas-Cheann Comhairle]Vol-901 Book-3 Page [752]
17/12/2015 [Bills] Seanad amendment No. 139:
Section 33: In page 42, to delete lines 23 to 37.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 140:
Section 33: In page 42, to delete line 40 and substitute “commenced, and”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 141:
Section 33: In page 43, to delete lines 1 and 2.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 142:
Section 33: In page 43, line 9, after “attorney” to insert “, attorney under the Act of 1996”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 143:
Section 33: In page 43, line 11, after “attorney” to insert “, attorney under the Act of 1996”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 144:
Section 33: In page 43, line 21, after “attorney” to insert “, attorney under the Act of 1996”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 145:
Section 33: In page 43, line 23, after “attorney” to insert “, attorney under the Act of 1996”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 146:
Section 34: In page 44, line 4, to delete “Subject to subsection (3), the” and substitute “The”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 147:
Section 34: In page 44, line 10, to delete “application” and substitute “declaration”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 148:
Section 34: In page 44, to delete lines 20 to 22.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 149:
Section 35: In page 45, line 12, to delete “suitable person” and substitute “suitable person who has attained the age of 18 years”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 150:
Section 35: In page 45, to delete lines 17 to 20 and substitute the following:
“(3) In making a decision-making order or decision-making representation order in relation to personal welfare, the court shall have regard to the terms of any advance healthcare directiv...
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 151:
Section 35: In page 47, to delete lines 8 to 17.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 152:
Section 36: In page 47, between lines 17 and 18, to insert the following:
“Persons who are not eligible to be decision-making representatives
36. (1) Subject to subsection (2), a person shall not be eligible for appointment as a decision-making representative if he ...
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Amendments Nos. 254 and 255 are related and may be discussed together.[An Ceann Comhairle]Vol-901 Book-3 Page [794]
17/12/2015 [Bills] Seanad amendment No. 254:
Section 78: In page 88, between lines 29 and 30, to insert the following:
“(h) to provide information and guidance to organisations and bodies in the State in relation to their interaction with decision-making assistants, co-decision-makers, decision-making...
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17/12/2015 [Bills] Seanad amendments Nos. 165 and 166 are interesting. They amend the Civil Legal Aid Act 1995 to ensure people whose capacity is to be challenged or assessed in court have an automatic right to representation by the Legal Aid Board and the board has the right to charge but only to the limit o...Vol-901 Book-3 Page [794]
17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 255:
Section 78: In page 89, between lines 1 and 2, to insert the following:
“(3) The Director, with the consent of the Minister, may, and if directed by the Minister to do so and in accordance with the terms of the direction, shall prescribe by regulations the fees to b...
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 256:
Section 80: In page 90, line 5, to delete “Courts Service” and substitute “Mental Health Commission”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 257:
Section 80: In page 90, line 5, to delete “Minister” and substitute “Minister for Health”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 258:
Section 80: In page 90, to delete lines 8 and 9 and substitute the following:
“(3) A person appointed to be Director shall be a member of the staff of the Mental Health Commission.”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 259:
Section 81: In page 90, lines 13 to 15, to delete all words from and including “(1) A” in line 13 down to and including line 15 and substitute the following:
“(1) A person who is a member of the staff of the Director shall be a member of the staff of the Mental Heal...
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 260:
Section 81: In page 90, line 17, to delete “Courts Service” and substitute “Mental Health Commission”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 261:
Section 81: In page 90, line 24, to delete “Courts Service” and substitute “Mental Health Commission”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 262:
Section 81: In page 90, line 25, to delete “Minister” where it firstly occurs and substitute “Minister for Health”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 263:
Section 81: In page 90, line 29, to delete “Courts Service” and substitute “Mental Health Commission”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 264:
Section 81: In page 90, line 29, to delete “Minister” and substitute “Minister for Health”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 265:
Section 81: In page 90, to delete lines 31 to 34.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 266:
Section 81: In page 90, line 35, to delete “Courts Service” and substitute “Mental Health Commission”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 267:
Section 81: In page 90, line 39, to delete “Minister” where it firstly occurs and substitute “Minister for Health”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 268:
Section 81: In page 90, line 40, to delete “Courts Service” and substitute “Mental Health Commission”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 269:
Section 82: In page 91, line 18, to delete “Minister” where it firstly occurs and substitute “Minister for Health”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 270:
Section 82: In page 91, to delete lines 28 to 39 and substitute the following:
“(6) Subject to subsections (7) and (8), for the purposes of enabling the Director to perform his or her functions, he or she may direct a special visitor or general visitor to—
(a) at an...
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 271:
Section 82: In page 92, between lines 3 and 4, to insert the following:
“(8) Prior to taking an action pursuant to paragraph (a) of subsection (6), the special visitor or general visitor, as the case may be, shall seek the consent of the relevant person to the takin...
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 272:
Section 83: In page 92, to delete lines 12 to 24 and substitute the following:
“(3) Subject to subsections (4) and (5), for the purposes of assisting a relevant person in relation to an application under Part 5, a court friend may—
(a) at any reasonable time, examin...
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 273:
Section 83: In page 92, between lines 26 and 27, to insert the following:
“(5) Prior to taking an action pursuant to paragraph (a) of subsection (3), the court friend shall seek the consent of the relevant person to the taking of such action, unless the Director dis...
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 274:
Section 85: In page 93, line 14, to delete “Board” and substitute “Mental Health Commission”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 275:
Section 85: In page 93, line 19, to delete “Board” and substitute “Mental Health Commission”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 276:
Section 85: In page 93, line 20, to delete “Minister” and substitute “Minister for Health”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 277:
Section 85: In page 93, line 20, to delete “Board” and substitute “Commission”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 278:
Section 85: In page 93, line 23, to delete “Board” and substitute “Mental Health Commission”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 279:
Section 85: In page 93, line 29, to delete “Board” and substitute “Mental Health Commission”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 280:
Section 85: In page 93, line 30, to delete “Minister” and substitute “Minister for Health”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 281:
Section 85: In page 93, line 31, to delete “Minister” and substitute “Minister for Health”.
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17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 282:
Section 85: In page 93, line 32, to delete “Board” and substitute “Commission”.
Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 283:
Section 85: In page 93, line 34, to delete “Board” and substitute “Mental Health Commission”.
Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 284:
Section 85: In page 93, line 34, to delete “Minister” and substitute “Minister for Health”.
Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 285:
Section 85: In page 93, line 37, to delete “drawing to the Board’s and the Minister’s attention” and substitute “drawing to the attention of the Mental Health Commission and the Minister for Health”.
Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 286:
Section 85: In page 94, line 1, to delete “Board” and substitute “Mental Health Commission”.
Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 287:
Section 85: In page 94, line 2, to delete “Minister” and substitute “Minister for Health”.
Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 288:
Section 85: In page 94, line 3, to delete “Minister” and substitute “Minister for Health”.
Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 289:
Section 86: In page 95, to delete line 6.
Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 290:
Section 86: In page 95, line 29, to delete “Board” and substitute “Mental Health Commission and Minister for Health”.
Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 291:
Section 86: In page 95, line 31, to delete “Minister after consultation with the Minister for Health and the Board” and substitute “Minister for Health after consultation with the Minister and the Mental Health Commission”.
Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 292:
Section 86: In page 96, line 23, to delete “Courts Service” and substitute “Mental Health Commission”.
Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 293:
Section 87: In page 97, to delete lines 6 to 9.
Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 294:
Section 89: In page 97, line 25, to delete “Courts Service” and substitute “Mental Health Commission”.
Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 295:
Section 128: In page 110, between lines 35 and 36, to insert the following:
“Amendment of Act of 2001
128. The Act of 2001 is amended—
(a) in section 17(1), by deleting paragraph (b) and substituting the following:
“(b) arrange for the assignment of a legal represen...
Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 296:
Section 129: In page 111, line 3, after “shall” to insert “, in consultation with the Minister for Health”.
Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 297:
Schedule 1: In page 112, to delete lines 1 to 38, to delete page 113, and in page 114, to delete lines 1 to 22.
Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 298:
Schedule 2: In page 115, to delete lines 1 to 8.
Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 153:
Section 36: In page 47, between lines 17 and 18, to insert the following:
“Disqualification as decision-making representative
37. (1) A decision-making representative shall, with effect from the date on which an event specified in paragraphs (a) to (c) occurs or, in...
Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 154:
Section 36: In page 47, between lines 17 and 18, to insert the following:
“Performance of functions of decision-making representative
38. (1) In exercising his or her functions as specified in the decision-making representation order, a decision-making representativ...
Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 155:
Section 36: In page 47, between lines 17 and 18, to insert the following:
“Remuneration and expenses
39. (1) Except where the court otherwise orders, a decision-making representative for a relevant person shall be entitled to be reimbursed out of the assets of the r...
Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 156:
Section 36: In page 47, to delete lines 18 to 40, to delete pages 48 and 49 and in page 50, to delete lines 1 to 31.
Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 157:
Section 37: In page 51, between lines 27 and 28, to insert the following:
“(6) A decision-making representation order may provide for the giving of such security by the decision-making representative to the court as the court considers appropriate in relation to the...
Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 158:
Section 38: In page 52, to delete lines 1 to 26.
Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 159:
Section 38: In page 52, line 27, to delete “A decision-making representative” and substitute the following:
“Subject to the terms of any advance healthcare directive made by the relevant person and subject to relevant powers exercisable by any designated healthcare....
Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 160:
Section 38: In page 53, lines 11 and 12, to delete “the relevant person pursuant to this section” and substitute “a relevant person”.
Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 161:
Section 38: In page 53, to delete lines 17 and 18.
Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 162:
Section 39: In page 53, between lines 18 and 19, to insert the following:
“Register of decision-making representation orders
39. (1) The Director shall establish and maintain a Register (in this Part referred to as “the Register”) of decision-making representation.....
Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 163:
Section 39: In page 53, between lines 18 and 19, to insert the following:
“Reports by decision-making representative
40. (1) Subject to subsection (2), a decision-making representative shall, within 12 months after the making of the decision-making representation or...
Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment No. 164:
Section 39: In page 53, between lines 18 and 19, to insert the following:
“Complaints in relation to decision making representatives
41. (1) A person may make a complaint in writing to the Director concerning one or more of the following matters:
(a) that a...
Vol-901 Book-3
17/12/2015 [Bills] Seanad amendment agreed to.Vol-901 Book-3
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