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
Mark Ward (Dublin Mid West, Sinn Fein) | Oireachtas source
I move amendment No. 36:
In page 63, to delete lines 2 to 42, to delete page 64, and in page 65, to delete lines 1 to 6.
The rationale for removing section 84(1) is that it unnecessarily singles out the National Disability Authority, NDA, as it already has the power to share information with IHREC and it would be more appropriate for IHREC to engage directly with disabled people at grassroots level. Section 84 amends the National Disability Authority Act 1999 to add specific recognition of the NDA in supporting IHREC to perform its functions as proposed in this section. This is unnecessary as the NDA's existing legislative functions already allow for the sharing of information, including statistical data, with public bodies such as IHREC. It would be more appropriate to amend the IHREC Act to create an obligation on IHREC to engage meaningfully with disabled people directly rather than the NDA as a public body in order to obtain information and advice as to how the rights of disabled people are being impacted as grassroots level. IHREC has already taken steps to achieve this, including through the creation of its disability advisory committee, but further direct engagement with disabled people would be more appropriate in this context than providing legal recognition for the role of the NDA. The Joint Committee on Children, Equality, Disability, Integration and Youth has also called for such an amendment to ensure wide consultation with the disability community. That was pre-legislative scrutiny recommendation No. 64.
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