Pauline Tully (Cavan-Monaghan, Sinn Fein) | Oireachtas source

First I have a question for the International Disability Alliance. Mr. Clyne said that Ireland is one of three EU countries that have not ratified the optional protocol. Have the other states ratified the convention but not the protocol, as I am presuming most countries ratified both together? On that point, I cannot understand why there is an optional protocol at all and why the whole lot is not just taken as one part. It does not make sense to ratify a convention and then not to ratify an optional protocol with it.

On the procedure of inquiry is it true a country can opt out of that? Is it that they cannot opt out of individual communications but can opt out of the procedure of inquiry? If so, I hope this State will not do that but I am fearful that it will.

Following from one of Senator Seery Kearney's questions, she noted that before a case can be taken under the convention, national inquiries or complaints procedures must be exhausted. Mr. Clyne stated that if it can be shown or proved they will not give a result, one can go straight to the convention. How does one actually show or prove that the national complaints procedure will not work in that case?

I also have questions for the Decision Support Service. Ms Flynn said that wards of court are to be discharged under Part 6 of the Assisted Decision-Making (Capacity) Act 2015. In order to do that, one must have access to legal aid. Will free legal aid be made available to someone in that instance? I am also aware of someone who was made a ward of court just last Friday. I am wondering why that procedure is still being adhered to when we are about to come out of it? It does not make much sense and has caused a lot of upset for the family in question.

Ms Flynn said that people will be assumed to have capacity. Whose responsibility is it to check whether they have capacity? Will the procedure be different to the current procedure in determining whether someone has capacity?