I thank the Minister.

I thank the Minister of State for coming to the Chamber. This is the first Commencement matter I have raised and I will endeavour to deal with it as effectively as I can. I ask the Minister of State to make a statement on the provisions of the Local Government Act 2001 that have not been commenced since the enactment of the legislation and to explain why each of the sections in question have not been commenced. I have a particular interest in the power to hold public inquiries under section 212, which states: The M…

It is not my intention to name names. These matters have been dealt with on the public record in the media and are well rehearsed in the public space.

The only person I will name in connection with this issue is Fiona McLoughlin Healy. It is her intention not to seek re-election. I was very disappointed to learn of that decision and I was disappointed throughout her experience-----

Yes. As someone who has personally experienced whistleblower reprisal, I was very disappointed by what she experienced. I was particularly disappointed by those who engaged in it and those who stood by and did nothing to support her. That is why I have raised this Commencement matter. If ask the Minister of State to address the issue of whether there was specific legal advice on the commencement of that section. I thank him for his patience.

I thank the Minister of State for his comprehensive response. I appreciate his commitment to come back on the question of whether there was specific legal advice. Personally, I found the experience of Councillor Fiona McLoughlin Healy very disappointing and disturbing. Without going into any of the details, which are on the public record, there was a pattern of behaviour designed to personally enrich individuals who were using public office for personal gain. That is a fundamental breach of public trust. The Edelma…

I thank the Leas-Chathaoirleach but I have been very careful not to name people or the particular areas in which they work.

I will finally just ask what a jurisdiction in which there is no trust in politics looks like. It looks like Capitol Hill last year. We need to be very careful.

Notwithstanding the restrictions imposed on the House under Standing Order 41, it is important that our most vulnerable citizens have somebody who is known and trusted to act in their best interests regarding the assisted decision-making function. There is quite a deal in the proposed legislation that, in practice, will be difficult and unwieldy in terms of how it might operate in real time. I wanted to raise those concerns. We will return to this later. There is a Private Members' motion to be debated later when w…

I move amendment No. 19: In page 26, between lines 10 and 11, to insert the following: “(8B) Directions regarding the investment strategy to be followed by the decision-making representative in respect of assets owned by the relevant person.”.”. There is a requirement for directions regarding the investment strategy to be followed by the decision-making representative in respect of assets owned by the relevant person. This is to address an important issue relating to people who require the assistance of the powers …

In the context of Senator Mullen's comments, what I heard the Minister say was that the concerns I have raised in proposing this amendment are already dealt with elsewhere. I ask and would press, however, that they be explicitly dealt with in this legislation because this legislation will have a seismic impact on all sorts of areas, from mental health and involuntary detentions to looking after people's assets and funds and the administration of funds. We have an opportunity at this point, and perhaps later on Repo…

I refer to amendment No. 32 to section 51, which is based on section 59(5) of the principal Act. Before I mention the proposed insertion, subsections (5A) and (5B) are explicit in that they prescribe that the power of attorney does not have any role in terms of consenting to or refusing treatment for the donor, that a donor shall not, in an enduring power of attorney, even purport to give that power, and that any provision of a power of attorney relating to such purported power shall be null and void. It is very re…

I move amendment No. 32: In page 38, between lines 21 and 22, to insert the following: "(5C) Notwithstanding the provision of subsection (5A) and (5B) the donor may authorise the attorney to consent to or refuse treatment for the donor where a solicitor certifies that the donor has received independent legal advice and sincerely and specifically wants to include this provision in the enduring power of attorney.".".

We are asking that the introduction of a two-step mechanism to register enduring powers of attorney be set aside. We so request because requiring the registration of an EPA after execution will create additional legal work and costs, etc. Those additional costs might deter people from taking that step and that would not be in the public interest. It is estimated that 80% of EPAs in the UK never have to be triggered or registered because the vast majority of donors do not lose capacity in their lifetime. I am assumi…

I thank the Minister. We will agree to disagree. I hear the logic in what he says, however, in terms of the context in which he made this decision.

I move: “That Seanad Éireann: acknowledges that: - the housing crisis, the cost-of-living crisis, and the inability to provide adequate care to people with disabilities, medical and mental health issues has led to a situation in which young people are emigrating for better educational and living opportunities; - students’ unions across Ireland have referred to the student accommodation crisis as an ‘emergency’ and there have been reports of students being homeless, living in tents, sharing rooms with several people…

I lost the clock. I will hand over to Senator McDowell.

No.

Gabhaim buíochas leis an gCathaoirleach agus leis an Aire Stáit and I thank all of my colleagues for their responses. If I heard the Minister of State correctly, his father was a garda.

That is something we have in common. My grandfather was a garda. He married a woman from Drogheda and had nine children. He lived in the community he policed. He had his own home and was able to send his children to school. Even back in those days, some of them actually went to university and became engineers, teachers and nuns. My dad became a garda himself and, like my grandfather, he could live in the community he served. He had his own home and five children, all of whom he put through university. I believe thi…