Ms Orla Keane:

The reason appears to arise from the fact that the expert group recommended there be this intermediate category of person. The report of the expert group was completed in 2014 and published in 2015. That is six years ago. The Assisted Decision-Making (Capacity) Act has been passed, albeit not fully commenced, and a number of amendments are being made to it. That Act has overtaken that issue that appeared and was raised by the expert group and it will deal with that issue of capacity. The commission's view is that this issue has now been overtaken and dealt with by the 2015 Act and we have said that to the Department. If I may, I might authorise my colleague, Ms Áine Flynn who is dealing with the 2015 Act, to add anything I may have missed if that is okay.