I move amendment No. 35: In page 22, between lines 36 and 37, to insert the following: “(ii) subject to section 30 — (I) an offer to the applicant of a payment to him or her of the amount concerned, and (II) a statement of the effect of sections 31 , 32 and 33 ,”.

I move amendment No. 36: In page 22, to delete lines 37 to 39.

I move amendment No. 37: In page 23, line 1, to delete “where” and substitute “subject to section 30 , where”.

I move amendment No. 38: In page 23, line 6, to delete “where” and substitute “subject to section 30 , where”.

I move amendment No. 39: In page 23, line 38, to delete “ section 34 ” and substitute “ section 40(1) ”. I will speak to the group. The notion of deemed withdrawal of an application, review or appeal is proposed for inclusion to provide clarity around what should happen where an applicant ceases to engage on an application for a sustained period of time. This is important for the purpose of the efficient administration of the scheme, clarity for all concerned and accuracy in reporting. The act of withdrawal of an a…

Regarding what this section seeks to achieve and responding to the questions raised by Deputy Funchion and Deputy Boyd Barrett about why you would send back for more information, this section would primarily apply in a situation where an applicant has made an application, the deciding officer has said their name is not in the database at the moment and asks them to provide information about them being in a particular institution. At that point, as already discussed, an affidavit is the approach that will ground tha…

It is important in a situation where someone initially makes an application and decides not to take it any further that there is a process for them to inform the chief deciding officer that they are not taking it any further. It is necessary in a scheme of this scale that the chief deciding officer is able to make a determination after a period of time that the application is no longer live. This is what is provided for in this section. It provides a six-month period within which this can be decided. It recognises …

I move amendment No. 40: In page 24, to delete line 20 and substitute the following: "(a) subject to paragraph (b) and (c) , the applicant, (b) where section 36 applies to the application, the person who made the application on behalf of the applicant, or".

I move amendment No. 41: In page 24, to delete lines 28 to 33 and substitute the following: "(3) A person who receives a payment under paragraph (a) or (b) of subsection (1) , or the personal representative of a person in respect of whom a payment is made under paragraph (c) of that subsection, shall not institute civil proceedings, and shall discontinue any other proceedings instituted, by or on behalf of the applicant against a public body, that arise out of the same, or substantially the same, circumstances as t…

I move amendment No. 42: In page 24, lines 35 and 36, to delete all words from and including "an applicant, having made an application under section 14—" in line 35 down to and including line 36 and substitute ", an application having been made under section 19 , the applicant—".

I move amendment No. 43: In page 24, line 37, to delete " section 34 " and substitute " section 40(1) "

I move amendment No. 44: In page 24, between lines 37 and 38, to insert the following: "(b) is deemed, under section 40(5) , to have withdrawn his or her application,"

I move amendment No. 45: In page 25, line 6, to delete "by" and substitute "by or on behalf of".

I move amendment No. 46: In page 25, line 8, to delete "his or her application under section 14 " and substitute "the application concerned".

I move amendment No. 47: In page 25, line 11, to delete "the relevant person’s application under section 14 " and substitute "the application concerned"

I move amendment No. 48: In page 25, line 14, after "application," to insert "is deemed under section 40(5) to have withdrawn his or her application".

I move amendment No. 49: In page 25, between lines 16 and 17, to insert the following: "(3) Where consideration under this Act of an application, review or appeal is resumed pursuant to a direction under section 40(7) , this section shall apply in respect of the period following such resumption, subject to the following modifications and any other necessary modifications: (a) the reference in subsection (1) to an application having been made under section 19 shall be construed as a reference to the consideration of…

I move amendment No. 51: In page 26, to delete lines 15 to 34 and substitute the following: “Application under section 19 may be made on behalf of relevant person 31. Subject to section 39 , an application under section 19 may be made on behalf of a relevant person by— (a) a person who is authorised by or under an enactment or an order of a court to make such an application, or (b) where the relevant person is ordinarily resident in a place outside the State, a person who is authorised, under the law of the place, …

I move amendment No. 52: In page 27, line 4, to delete “The personal representative” and substitute “Subject to section 39 , the personal representative”.

I move amendment No. 53: In page 27, line 13, to delete “ subsections (2) and (3) ” and substitute “ subsection (2) and section 39 ”.