Oireachtas Joint and Select Committees

Thursday, 10 November 2022

Joint Oireachtas Committee on Disability Matters

UNCRPD and the Optional Protocol: Discussion

Ms ?ine Flynn:

On the codes of practice, we had the opportunity to write to the committee previously. The committee should have a letter from us dated 5 July, as this same question arose at a committee hearing on 23 June at which the Mental Health Commission was present. I wrote to the committee thereafter. In relation to the consultation about the draft codes of practice, those codes came to us having been drafted under the leadership of the National Disability Authority and on the healthcare side by the multidisciplinary working group appointed by the Minister for Health. Both groups engaged previously during that drafting process with relevant stakeholders and expert writing groups in the development of the draft codes, which then came to us. We reviewed them in detail and amended the drafts prior to commencement of the public consultation process, which we conducted as required under the 2015 Act. To be clear about what the nature of a code of practice is, they are not the only document that is going to exist to provide guidance and support for people who require access to the Act. The particular status of a code of practice is that a person concerned shall have regard to a code of practice when performing a function under the Act in respect of which the code provides guidance. Under section 103 of the Act, the consultation period is required to be of not less than 30 days in duration.

There are 14 codes in all. The overall code relates to supporting decision-making and assessing capacity. There are then sectoral codes for legal, financial and healthcare professionals and codes for specific decision supporters. We consulted with the National Disability Authority, the Citizens Information Board, HIQA, the advance healthcare directive multidisciplinary working group and representatives from the professional bodies and from the healthcare, social care, legal and financial sectors. In addition, we identified more than 100 other relevant stakeholders and wrote to larger representative and network organisations asking that they would communicate the codes to their membership broadly in order that everyone can be involved in the planned consultation process. We wrote to these organisations at the beginning, in the middle and at end of both consultation periods. The consultation process was also highlighted in our newsletters and in media. We ran a campaign that included newspaper and radio advertisements, social media and publication on our website. In addition, we made a series of presentations. We received over 300 responses regarding the codes of practice. It was a meaningful, not a narrow or constrained, consultation process, and we were able to get good feedback that we incorporated into the ultimate version of the codes. There are lessons to be learned. I do not doubt that for a moment.

There was a question about timelines for the codes-----

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