Oireachtas Joint and Select Committees

Tuesday, 14 June 2022

Select Committee on Children and Youth Affairs

Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage

Photo of Seán SherlockSeán Sherlock (Cork East, Labour) | Oireachtas source

On that basis, I seek leave to withdraw my amendment and submit it again on Report Stage. My rationale for proposing it is that the opening line in the Bill's explanatory memorandum reads: "The Bill gives further effect to the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD)." I would have thought that it was entirely appropriate for us to give effect to that in an explicit way so as to ensure that the courts "shall construe this Act" in a manner that gives effect to the UNCRPD.

Human rights law is constantly evolving. By adding the amendment, there would be recognition of what was best practice within the field and a reaffirmation of Ireland's commitment to refining and interpreting the law in a manner consistent with our human rights obligations. While the Minister and I will not depart from the necessity of ensuring that we promulgate in a way that is consistent with our human rights obligations, I remain hopeful that he will revert to this matter on Report Stage. If he is determined not to accept the amendment, is there a wording that the Government side could come up with for a specific provision in the legislation to ensure that the courts "shall construe this Act" in a manner that gives effect to the UNCRPD? It is important to bolt this provision into the legislation in a way that it has not been heretofore.

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