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 Roderic O'GormanRoderic O'Gorman (Dublin West, Green Party) | Oireachtas source

Before addressing the amendments, it is only fair to say that notwithstanding what may or may not have been mentioned in the 20-minute contribution to which the Deputy referred, I certainly would never question the Minister of State's commitment to vindicating the experience of disabled people. She has demonstrated that over the two years in which she has been in office.

Amendment No. 41 seeks to place specific obligations on IHREC regarding its engagement with persons with disabilities. While I understand the intent behind the proposal, the wording is not really feasible or practical in terms of what it encompasses. In addition, it is not necessary in primary legislation to specify with whom IHREC must consult. The commission is already bound by its role as a human rights monitoring body and that role is further expanded upon in the Bill. It already has a disability advisory committee composed of people with experience of living with disability. It has discretion in this regard and it has a strong record of engagement with all necessary persons and organisations in the conduct of its functions, including engagement with persons with disabilities.

Amendment No. 26 seeks to include disabled persons, disabled persons organisations, experts by experience and independent advocacy organisations as bodies and persons with whom the director of the decision support service must consult in the development of codes of practice to support the 2015 Act. I recognise the value of this amendment and I agree that the persons and organisations specified should be consulted on matters affecting them. That is an obligation under the UNCRPD and it is of huge practical benefit and value to hear the experience of both individuals and groups. While I cannot accept the amendment in its current wording, I will consult with my officials and the Attorney General on the possibility of bringing forward an amendment on Report Stage to address the issue of engagement by the director of the decision support service with disabled persons organisations and others on the development of the service.

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