Clare Daly (Dublin Fingal, Independent)
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I am still uncomfortable on this point. If the Minister is saying that a protected person is somebody who lacks capacity, there is a whole range of circumstances where a person might lack capacity and not just because of a disability. They may be absolutely off their face drunk or on drugs, or they might be unconscious. There may be other situations where they do not have capacity. In this legislation we are creating a special person who lacks capacity i.e. a person with disabilities. I do not believe that is the direction in which the disability community wants to go. Absolutely there is an argument for a protection because of a dependency and circumstances, but not to single these people out as being different and apart. I am not going to labour this point forever but I would remain very uncomfortable with that. The term "relevant person" would cover it, the relevant person being somebody who is in a dependency situation, which makes that person then different from the person who is drunk or temporarily lacking capacity.