Sharon Keogan (Independent) | Oireachtas source

I thank the witnesses for their opening statements. There are a number of issues, the first of which I will address to the NUI Galway representatives. It has been pointed out that the process by which these amendments have been developed has not been inclusive. There was no public process organised by the Department to engage with disabled organisations in the development of these heads of the Bill. No plain English or easy-to-read version of this is available and it has not been made accessible to them. The issues of accessibility of legislation needs to be addressed. How is it proposed to do that? We need to engage with the disability sector to do that, but how can we best do that?

The second issue is that while the amendments may appear minor or technical in nature, there is an increasing bureaucracy of support in the creation of an assisted decision-making industry. The amendments will make it more difficult for a person to designate their chosen decision-maker. How can that be addressed? How can we make it easier for a person to designate his or her chosen decision-making supporter?

Dr. Flynn stated that the amendments tabled are not more efficient with regard to human rights compliance, "in enabling disabled people to sit as members of juries. The amendments also do not address the need for further resources to be provided to give effect to the decisions people may make". That is very concerning. Mr. Farrelly stated, "The Mental Health Commission's remit was extended by the Assisted Decision Making (Capacity) Act 2015 to include the establishment of this new decision support service." It is the witnesses' view that the commission is a more compatible home for the DSS. Is that where it is currently located? Is that where they would like it to be? Is it compatible with the courts where it currently is? Do they want to relocate it?

Mr. Farrelly stated, "We must emphasise that access to the supports available under the 2015 Act cannot be withheld from persons in the mental health setting." That is another issue. This is for Mr. Harris. Ms Baxter stated:

Once the DSS becomes operational, people with capacity difficulties will have access to the agency mandated to enable them to avail of these new decision support option ... Accordingly, the general scheme proposes to remove these provisions from the 2015 Act ... Safeguards are also being strengthened where a decision supporter abuses his or her position. The general scheme provides for the director to apply to the court for an order temporarily prohibiting someone from acting as a decision-making supporter pending the outcome of an investigation ... The general scheme also provides for an offence of ill-treatment or wilful neglect of a relevant person by a decision supporter ... It also provides for the incremental doubling of the percentage of people with disabilities employed in the public service from the current 3% figure to 6% by 2024. This is a key measure to increase employment opportunities for people with disabilities [That is welcome] ... The general scheme proposes to amend the Electoral Act 1992 to remove the prohibition preventing persons "of unsound mind" from standing for Dáil elections. It also proposes to amend the Juries Act 1976 to enable people with specified disabilities to serve on juries.