Oireachtas Joint and Select Committees

Wednesday, 30 January 2019

Select Committee on Justice and Equality

Disability (Miscellaneous Provisions) Bill 2016: Committee Stage

Photo of Finian McGrathFinian McGrath (Dublin Bay North, Independent) | Oireachtas source

It is of the utmost importance that the essence of Article 14.2 is adequately provided for in primary legislation. In this regard, the Department feels strongly about, and continues to prioritise, the development of legislation on the deprivation of liberty safeguards. While it was initially intended to include a deprivation of liberty safeguard on Committee Stage, the importance of provisions in this regard led the Government to agree early last year to bring them forward in a stand-alone Bill sponsored by the Minister for Health. This was a response to concerns raised about the opportunity for an in-depth and meaningful consultation on this important topic. As the Deputy will be aware, a public consultation on the draft deprivation of liberty safeguard legislative proposals concluded in May 2018. The Department of Health is engaged in revising the draft proposals and working hard to resolve the complicated policy issues that have arisen. Deprivation of liberty is a complex matter and a great deal of information has been provided in the submissions made. The Department and I feel strongly that it is necessary to deal with such complexity in a stand-alone Bill.

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