Fiona O'Loughlin (Fianna Fail) | Oireachtas source

I thank the Chairman, Ms Flynn and her team. This is quite a complex area and I thank our witnesses very much for giving us the overview which is greatly appreciated. I have number of small questions. I am assuming - and this follows on from what Deputy Cairns said - that when we are talking about adults, we are talking about over 18-year-olds.

On the question of bona fides, in Ms Flynn’s opening statement a reference was made to a person who may have a bona fide interest in the welfare of the relevant person. How do we define such a bona fide interest? I am aware that our witness has said that the applicant can often be a family member, carer or the HSE, but Ms Flynn made reference to perhaps where different members of a family may have different views and there can be conflicting interests there as well. If there is a relevant person and a number of family members who have different views, how is that issue addressed?

In a practical situation, a parent may, perhaps, leave something in a will to a family member with an intellectual disability and there may need to be support around that. Is that something that comes within this situation if there is conflict between other members of the family in respect of such a will?

Apart from those points, I refer also to the challenges in the use of substitute decision-making versus supported decision-making and how that aligns with the United Nations Convention on the Rights of Persons with Disabilities, CRPD, which is essentially what our committee is about. What other changes does Ms Flynn think are required to ensure compliance because part of our raison d’êtreis to ensure compliance with the CRPD.

I share the sense that others have expressed in how long it has taken to implement this convention and the fact that the Act was passed in 2015. I am aware that Ms Flynn said that this is a priority for legislation this year and that she expects to have it in place in 2022, together with the full operation of the Decision Support Service, DSS. I also hear what Ms Flynn is saying and that she is functioning at the moment and that people are contacting her. That is good and what is absolutely needed. From the point of view of our committee, how can we, as legislators, help to support that?

I also ask about the delay of the commencement and the fact that we have had hundreds if not thousands of those individuals going into the wards of court system since this Act was passed. The reason I ask is that I have recently been dealing with a number of these and there are concerns which need to be allayed. Where does this fit in with the guardian ad litem, GAL, system or does that system have any impact at all on this?

I understand what Ms Flynn is saying on the lack of awareness that is out there. We need to have a very significant education programme throughout the country, as I am sure will professionals who would be dealing with all of this. A great deal has been mentioned about family carers and, as Ms Flynn will be aware, we made a very strong submission on that and it is of very great importance. I thank the Chairman.