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)

Ms Áine Flynn:

They should also have full access to legal aid when their cases are being reviewed by the wardship court. That will be important. Mr Harris referred to time limits for detention. That is within Part 10, which is still under review. I expect to see improvements there.

On rights to appeal, a declaration by the court under the Act that a person lacks capacity can be re-entered at the behest of the relevant person. It is not by any means a declaration for all time and has to come back before the court for periodic review. I hope there are robust safeguards already there.

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