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

Photo of Kathleen LynchKathleen Lynch (Cork North Central, Labour) | Oireachtas source

I am not accepting the amendment for the same reasons that I have not accepted the other amendment relating to mental health. I believe strongly that this issue would be better dealt with in the review of the Mental Health Act. In this legislation, we have been very careful not to define any group of people. We refer to people who find themselves in certain circumstances but we do not say that it necessarily has to apply to people as they age, people with disabilities or people with acquired brain injury or mental health issues. It would be wrong to give this kind of clear indication in legislation to a particular group of people. People who have a difficulty with mental health, in particular those in approved or acute units, should have the ultimate protection but such protection is best expressed in the Mental Health Act.

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