Ms Lorraine Dempsey:

The public at large do not realise how considerable the legislation is and the impact it will have on lives because they do not understand what the ward of court system means, particularly for an adult with a disability. Imagine not being able to travel outside Ireland without asking permission of the courts. Imagine not being able to make medical decisions about yourself and your own bodily autonomy without going through the ward of court system. Imagine someone with an intellectual disability wanting to enter a sexual relationship and get married but not being able to do so unless he or she goes through the ward of court system. These are decisions that, as a community, we take for granted, but certain people, particularly those with intellectual disabilities or mental health difficulties who are made wards of court, are stripped of any power over their bodily autonomy and decision-making. We view wards with intellectual disabilities or mental health difficulties as being incapacitated and they must prove their right to understand anything big in their lives on which they wish to make a decision. The fundamental change under the legislation and through the setting up of the decision support service will be that we will assume they have the capacity to make decisions, and it will be up to the State to prove otherwise. In that, they will be supported with co-decision-making practices. For those who do not wish their families to be part of their decision-making, if issues arise in that regard, there will be an independent support service to help them make decisions that are right for them without the interference from the courts.