Oireachtas Joint and Select Committees
Wednesday, 17 June 2015
Select Committee on Justice, Defence and Equality
Assisted Decision-Making (Capacity) Bill 2013: Committee Stage
9:30 am
Kathleen Lynch (Cork North Central, Labour) | Oireachtas source
I am normally very open to these things and I always say I am no great expert on these things nor the holder of all knowledge. However, I genuinely believe that the best place to deal with this is within the Mental Health Act. I understand what the Deputy says about the amended piece of legislation but the recommendations that came from the review group on the Mental Health Act are not little recommendations - they will require substantial drafting. They change how we deal with mental health and how we look at capacity within mental health. With a mental health diagnosis one is automatically assumed not to have capacity but in the new legislation we are saying "No" to that. The amendments will not be simple and a substantial amount of legislation will need to be put in place. I genuinely believe that the Mental Health Act is the place to deal with this.
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