Holly Cairns (Cork South West, Social Democrats) | Oireachtas source

This committee is charged with the implementation of UNCRPD, and we hear from DPOs. I am also a member of the children's committee, as do other members of this committee, which had a rushed process of looking at the Assisted Decision Making (Capacity) Act. One of the things we heard from expert witnesses was that the result of that test is different depending on who carries it out, that it is not a good test to use and that it often discriminates against people with disabilities. It is something we need to challenge as a committee in the context of all the legislation we look at. I certainly did so when that legislation was, what seems now to have been unnecessarily, rushed through. At the time, the Minister was citing people in the UN, experts on committees and the vice chair of the UN committee stating that the Irish legislation was great. The vice chair later clarified that he is completely against the use of this test because it discriminates against disabled people.

Ms Flynn states it would mean dismantling everything if, for example, the codes of practice did not include it. Would that be the case? Does the DSS not have to try to comply with the UNCRPD as well as with Irish legislation that, maybe, is not up to scratch on the basis of the fact that we did not get to scrutinise it adequately.