Kathleen Funchion (Carlow-Kilkenny, Sinn Fein)
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Apologies have been received from Deputies Murnane O'Connor and Phelan, and Senators Ruane, Keogan and Seery Kearney.

Today, we are undertaking pre-legislative scrutiny of the assisted decision-making (capacity) (amendment) Bill 2021.

I welcome to the meeting representatives of the National Platform of Self Advocates. We are joined by Mr. Joe McGrath and Mr. Dermot Lowndes. We are also joined by Mr. Peter Kearns, project co-ordinator of the Independent Living Movement Ireland. The National Federation of Voluntary Service Providers is represented by Dr. Alison Harnett, who is the chief executive, and Ms Teresa Mallon, chair of the assisted decision-making reference group. Mental Health Reform is represented by Ms Fiona Coyle, chief executive, and Ms Ber Grogan, policy and research manager. Family Carers Ireland is represented by Mr. John Dunne. We have a good range of people with us to discuss the Bill. I welcome those with us here in the committee room and those who are joining us remotely. On behalf of the committee, I thank our guests for their preparation work for the meeting and the information they have given us in advance of the meeting, which we will discuss. It will greatly assist us in highlighting any issues there might be with the provisions of the proposed Bill. We will take a short break at 4.30 p.m. because this will be a long meeting. People will have a chance for a short, ten-minute break at 4.30 p.m.

Before we begin, there are certain procedural steps I need to go through, relating to the rules. The first item is for the attention of the members of the committee and relates to their presence in Leinster House in order to participate in public meetings. Members can be physically present in the meeting room or can remote in from their offices. If members are not either physically present in the meeting room or remoting in from their offices, they will be aware at this stage that they cannot participate in the meeting. They can listen in but they cannot ask any questions.

If anyone who is remoting in via Microsoft Teams experiences any sound or technical issues, there is a chat function on Teams so I call on them to let us know of their difficulties that way. We conducted a number of checks and practice runs and everything went smoothly, which is not always the case in live sessions. I call on anyone who experiences any issues to let us know. The chat function is only for occasions when someone needs to tell us something urgently or if someone is experiencing a technical issue. It is not for people to make their own general comments or statements during the meeting. I ask people who are remoting in to keep their devices on mute until they are asked to speak. We like people to have their cameras switched on and we always ask people to be mindful that we are in public session.

The next piece of advice is for anyone present in the committee room. There has been some easing of the restrictions around Covid-19 but we are asking people to be vigilant about their mask-wearing, hand hygiene and everything else.

At the start of each meeting, I must advise everybody about parliamentary privilege. For people who are on the premises and here with us in the room, everything they say is protected. If someone says something about a person who is not present here today, I might have to ask him or her person to stop speaking about that particular matter. If I ask anybody to stop speaking, it is important that person complies with that direction.

Those people who are remoting in may not have the same protection because they are not physically present in Leinster House. However, if there is any issue I will tell the people concerned. I ask people to co-operate in that regard. Does anybody have any questions before I go onto the next section? No. That is very good.

I must read a section about parliamentary privilege before I ask others to speak. Witnesses are protected by absolute privilege in respect of the presentation they make to the committee. That means they have an absolute defence against any defamation action for anything they say at the meeting. However, they are expected not to abuse this privilege and it is my duty, as Chair, to ensure the privilege is not abused. Therefore, if witnesses' statements are potentially defamatory in relation to an identifiable person or entity, they will be directed to discontinue their remarks and it is imperative they comply with any such direction.

For witnesses appearing virtually through Teams, I must point out that there is uncertainty whether parliamentary privilege will apply to their evidence from a location outside the parliamentary precincts of Leinster House. Therefore, if they are directed by me to cease giving evidence on a particular matter, it is imperative they comply with any such direction.

Those are the formal proceedings over with. I will ask our guests, in the following order, to give their statements. We will start with Mr. McGrath, followed by Mr. Kearns, Dr. Harnett, Ms Coyle and Mr. Dunne.