Oireachtas Joint and Select Committees
Tuesday, 15 February 2022
Joint Committee On Children, Equality, Disability, Integration And Youth
General Scheme of the Assisted Decision-Making (Capacity) (Amendment) Bill 2021: Discussion (Resumed)
Mr. Peter Kearns:
The medical model is so inherent and big that it is easy to fall back into impairment label narratives and identifying disabled people with their impairment label baggage. That could be a danger as well. The Senator mentioned will and preference. We start out by recognising class, gender and ethnic backgrounds. Those elements are very important to take into account. If a person is a working-class woman who has spent 20 years in an institution, where does that person get the confidence to really appreciate that will and preference?
In terms of the National Advocacy Service for People with Disabilities and its board, one comes across institutions and family members talking about non-verbal communication. It is not non-verbal; it is just a different type of communication. In my experience with the national advocacy service and the staff I have not come across any cases, having worked with disabled people for 30 years, where one cannot find that point of communication and a bit of that will and preference. It takes a bit of time but not a lot of time. Members might be surprised how quick that happens. Will and preference alsohas a capacity-building nature and framework behind it. It is not just saying, "Here you go, you have your will and preference, go for it." There is a need to recognise that disabled adults have to have capacity-building for that will and preference request.
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