Oireachtas Joint and Select Committees

Tuesday, 16 November 2021

Joint Committee On Health

General Scheme of the Mental Health (Amendment) Bill 2021: Mental Health Commission

Ms Áine Flynn:

The Assisted Decision-Making (Capacity) Act 2015 relates only to those over 18, so a relevant person within the meaning of that Act is not a 16 or 17-year-old. Broadly similar legislation in other jurisdictions does carve out a separate category of 16 and 17-year-olds but the 2015 Act does not. That has been mentioned in the disability committee as something that may be kept under review and reported on but, in the initial offering under the 2015 Act, it is over-18s only.

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