Oireachtas Joint and Select Committees

Wednesday, 16 February 2022

Joint Committee On Children, Equality, Disability, Integration And Youth

General Scheme of the Assisted Decision-Making (Capacity) (Amendment) Bill 2021: Discussion (Resumed)

Photo of Jennifer Murnane O'ConnorJennifer Murnane O'Connor (Carlow-Kilkenny, Fianna Fail) | Oireachtas source

My first two or three questions are for the Department. All of us have had concerns about how, particularly through Covid, that approximately 1,200 people being taken into wardship since the Act in 2015. Yet, because of this slow pace, various levels of decision-making supports are not operational. Perhaps someone could come back on that.

Wardship is a blunt instrument. We all agree that it is very important that this be replaced by a new framework of support aligned to a person’s need. It is disappointing that this is taking so long and that is my biggest issue. It is welcome that we are seeing wee progress.

The guidance from the president of the High Court regarding vaccines and wards, together with the memorandum from the HSE, was a welcome development in assisting healthcare professionals in approaching the matter of consent. I had a lot of these representations during Covid. When it comes to this important public health measure, that was an issue I encountered. Many families came to me regarding vaccines during Covid. Perhaps the departmental officials could reply on that.

Could one of them go through the cost, if possible? I have concerns regarding the costs involved, which are not guaranteed under this legislation. For example, medical card holders are covered for any costs that had supporting documentation by doctors. However, what about those without a medical card? Is there a plan to make this affordable?

The report entitled Mind the Gap, compiled by researchers at the Centre for Disability Law and Policy and the Institute for Lifecourse and Society in NUI Galway and commissioned by the Ombudsman for Children, states that the supports offered under the Assisted Decision-Making (Capacity) Act apply only to adults, even though children and young people with disabilities might also benefit from specific and tailored decision-making supports, especially during this transition from childhood to adulthood. Is there any update on this? Is this being discussed, especially for a child who will soon become an adult?

I understand my next question has been brought up in respect of mental health. Will this Bill address the current system whereby people are detained in hospital for mental health treatment without a legal right to have their advanced wishes about treatment respected?

That is the bulk of my questions. The first ones are for the Department, then Professor Flynn and, finally, Ms Áine Flynn from the commission. I thank everyone for this information. It is really important that we try to get through this as quickly as possible and get this legislation passed.

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