Oireachtas Joint and Select Committees
Thursday, 10 November 2022
Joint Oireachtas Committee on Disability Matters
UNCRPD and the Optional Protocol: Discussion
Ms ?ine Flynn:
We have addressed the functional assessment of capacity in previous communications. Deputy Cairns asked whether it is to be amended in our codes. As I said in response to an earlier question, the functional assessment of capacity is the law and is dealt with in section 3 of the Act. Our codes must reflect the legislation. We cannot depart from it or remove it from the codes of practice.
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