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 Mark WardMark Ward (Dublin Mid West, Sinn Fein) | Oireachtas source

I move amendment No. 26:

In page 61, between lines 22 and 23, to insert the following: "Amendment of section 103 of Principal Act

78.Section 103 of the Principal Act is amended in subsection (3) by the insertion of the following paragraph after paragraph (f):
"(g) disabled persons, disabled persons organisations, experts by experience and independent advocacy organisations.".".

This amendment proposes to amend section 103 of the principal Act to expand the list of bodies and persons with whom the director of the decision support service must consult. That list would now include disabled persons, disabled persons organisations, experts by experience and independent advocacy organisations. During pre-legislative scrutiny, we heard that disabled persons were excluded from much of what is provided for in the Bill, especially in the context of the seemingly rushed process of bringing forward the legislation and the time restraints that apply. On Second Stage, the Minister of State, Deputy Rabbitte, made a 20-minute contribution during which there was no mention of the experience of disabled people. I and other Opposition Members brought our voices to the argument for the inclusion of disabled people and the organisations representing them in any future consultations.

Amendment No. 41 provides for an obligation on IHREC to engage meaningfully and directly with disabled people in order to obtain information and advice on how their rights are being impacted at grassroots level. IHREC has already taken steps to achieve this, including through the creation of a disability advisory committee, but the amendment would ensure further direct engagement with individual disabled persons can occur in line with the mandate set out in the Convention on the UNCRPD.

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