Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

I am advised that these are particular criminal law provisions necessary to deal with the points that I have outlined. There are also a further 22 provisions in relation to prosecutions to say that no proceedings for an offence under this part shall be brought except by or with the consent of the Director of Public Prosecutions. This is a sort of protection to the Deputy's point. There is the issue of how the lack of capacity of the protected person be proven in court. It would be proven the same way it is now, so that is not changed. Evidence of the person's capacity could be shown through the victim's own testimony, the testimony of close family or others who know them - as has been the case - or by expert witnesses with knowledge of the particular disability or illness and the impact of such on the individual's capacity at the time the act took place. It is not seeking to change any of that. I am advised that it is very relevant in the context of criminal law provisions rather than the broader points made by the Deputy about other legislation. It does not apply.