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 Mark WardMark Ward (Dublin Mid West, Sinn Fein) | Oireachtas source

I thank Ms Flynn. My next question is for the representatives of the Department. The issue of restraints came up at yesterday's committee meeting. I listened to some of the language that was used during that meeting and found it was not very helpful. I was contacted today by a number of organisations, including Disabled Women Ireland. That organisation found the language being used last night disingenuous. Bed rails were used as an example in the meeting but they are not being used anymore, not because of capacity law or anything like that but because people simply climb over them and fall. There are many better solutions.

The power already exists in common law to restrain someone in an emergency. Do our guests believe that anything other than a prohibition of that would allow for additional powers to be read into this Bill?

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