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 Carol Baxter:
I will come in on two points. The first concerns the area of bureaucratisation.
We feel that, in fact, the key change to enduring power of attorney is very much a reflection of the importance that we attach in the amendment Bill to supporting a person to choose his or her decision supporter. Currently, an enduring power of attorney is registered only when the person has lost capacity, so any possibility of asking the person what he or she meant about a particular thing is lost. Under the new process, which is as a result of direct engagement with the Decision Support Service and the advice it has received from different jurisdictions, instead the person has capacity and is able to execute the enduring power of attorney and to register it so that any of the issues that arise or any lack of clarity can be teased out with the DSS while the person has capacity. It is much more responsive to the principle of the person being able to choose the decision supporter, and also to be very clear as to the decisions that he or she wants to put into an enduring power of attorney. We believe that is a clear example of the commitment to a more streamlined process that is much more responsive to the person's will and preferences.
In terms of June, we feel we have an opportunity and we have momentum. Witnesses have talked about the non-commencement of other legislation. We have the opportunity now to commence an important legislative measure, to get things finished and to get priority drafting. We have been working intensively through an interdepartmental steering group with the relevant organisations, including the DSS, which is crucial, the Courts Service, the Department of Health and the Department of Justice, so a series of organisations is teed up for June. Inevitably, if that is missed, we probably will get delayed for a significant period and we think that would really delay what is very important. The 2015 Act offers real benefits in terms of abolishing wardship and giving tailored decision supports to people. We urge the committee to do what it can to hold to the June deadline as a crucial piece of getting this important reform finally in place.
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