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)
Mr. Adam Harris:
On the right of appeal, section 19 of the Mental Health Act sets out a clear and full right of appeal against the Circuit Court from the tribunal and onwards. An appeal can be filed within 14 days. The process of appeal is set out in section 141 of the Assisted Decision-Making (Capacity) Act, but it is set out in a limited means and only on a point of law. The legal advice available to IHREC indicates that it is of great concern that the appeal is limited to a point of law and we see this as an opportunity to remedy the deficit and provide for a full right of appeal from the Circuit Court and High Court for a wide variety of decisions they will be called upon to make under the 2015 Act. The right of appeal is particularly important as it will relate to detention under the Act.
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