Jack Chambers (Dublin West, Fianna Fail) | Oireachtas source

I move amendment No. 1:

In page 3, lines 20 and 21, to delete "have sufficient mental or intellectual capacity to serve as a juror" and substitute "possess the decision-making capacity to exercise the functions of a member of a jury".

The Bill states that a person who does not, in the opinion of the court, have "sufficient mental or intellectual capacity to serve as a juror" would not be eligible for jury service. However, in the Assisted Decision-Making (Capacity) Act 2015, a person's capacity is assessed functionally and on the basis of his or her ability to understand, at a time the decision is to be made, the nature and consequence of the decision to be made by him or her in the context of the available choices at the time. It is important that a person would enjoy the presumption of capacity to make decisions. I know interest groups, such as Inclusion Ireland and others, have said it is important for us to ensure this miscellaneous Bill is consistent with the assisted decision-making legislation. It is something that I recommend, and we support. We need to ensure the legislation fits what will happen in this space. It is a simple amendment and something we will push.