Donnchadh Ó Laoghaire (Cork South Central, Sinn Fein) | Oireachtas source

It is difficult for us sitting here to reconcile very legitimate and articulately expressed concerns and views about losses that people experienced and implications for the care of their loved ones with what is being presented here. We will consider it and prepare our report having considered all the documentation. I urge Mr. Quigley to remain open to engagement with the Justice for Wards group and individual wards of court.

My final questions may also be relevant to the Department. The Law Society made a submission expressing concern over Part 6 of the 2015. The submission stated:

However, Part 6 of the 2015 Act does not make the same provision for wards of court as provided in Part 5 for a relevant person. The ward is not being given equal treatment (as required by the UNCRPD) to a relevant person. Part 6 is silent as to whether the ward is to be assisted in court in relation to an application to the court in any such review, whether any person/court friend is entitled to make submissions to the court on the ward’s behalf, and very importantly there is no provision for the ward to avail of legal aid, if he or she requires to do so, in respect of an application to the court for a review of his or her capacity.

It specifically relates to the issue of reviews of capacity. I would like a comment on that. That is relatively technical but still has significant implications for giving voice to the ward in court proceedings.