Mr. Adam Harris:

I will make some final comments and then Dr. Elliott would also like to come in. The conversation we have had today is very complex, and we should not lose sight of the impact of the wardship system on people today, and the impact the system has with every day that we delay commencing the legislation. In many respects we have been speaking of a seven-year delay, but in reality we are talking about Victorian legislation. We are talking about change that is long overdue. The commission has consistently raised significant concerns about the non-commencement in full of the Assisted Decision Making (Capacity) Act. We believe that this delay is in many key respects the main issue that needs to be resolved. In our view, it is essential that there is not another delay beyond the June period. For far too long the wardship system has remained in place, which is completely out of kilter with contemporary human rights and equality norms, and especially the modern understanding of the concept of personal autonomy. It is really urgent that we move to the new supported decision-making framework without further delay.

Having said that, there are complex issues to be worked through. Perhaps the committee should look to the ability of the Oireachtas to work through complex issues very quickly during the Covid-19 pandemic. As this conversation continues we need to realise that this is the first step in the legislative process, and the remaining stages offer an opportunity for further refinement of the new regime without giving rise to further delay. It is critical that this process is in line with general comment No. 7, directly and in an accessible way to engage disabled people and our organisations, and also recognising that under general comment No. 7 there is a role for family voices as well. It is always possible for lingering issues to be addressed subsequently by amendment or clarified in court proceedings if required, but we urge that we move forward with the commencement of the Act without any further delay.