Oireachtas Joint and Select Committees
Wednesday, 16 February 2022
Joint Committee On Children, Equality, Disability, Integration And Youth
General Scheme of the Assisted Decision-Making (Capacity) (Amendment) Bill 2021: Discussion (Resumed)
Ms Carol Baxter:
I thank the Deputy. We share her view that wardship needs to be abolished as soon as possible. We currently have priority drafting and a lot of work being done on the amendment Bills. We think it is very important to meet the June deadline in the interests of the relevant people whom we believe very strongly will benefit from this legislation.
In terms of the costs, there is very much a commitment that this will be accessible. The costs are not absolutely finalised, but they will be low. One of the overriding concerns of the Department is that this will be the case. The services of the DSS will be open and accessible to everybody. That is very much the case.
In terms of why the legislation is for adults rather than children, of course we recognise that children have complex needs, but the situation is that children have a radically different situation in terms of guardianship than adults. When someone is under the age of 18 at the moment, he or she is normally under the guardianship of a parent or another adult. Therefore, children do not have the same rights in terms of decision-making autonomy as an adult who is not ordinarily under guardianship. That was why there was very much the sense when the 2015 Act was being developed that the rights of adults, in terms of guardianship, are different. This legislation is, therefore, for adults.
Perhaps it might be useful to just come back on the consultation point. Pre-legislative scrutiny is absolutely crucial and we very much welcome the fact that the committee is engaging with disabled people’s groups. We see that as a very important part of the process. We also see this legislation as a continuity with the 2015 Act. We were very pleased at the time of the development of the 2015 Act that Professor Flynn and Ms Clíona de Bhailís were actively involved in the consultation processes. This is very much not new policy. It is the elaboration of the policy that was put in place to guide the 2015 Act. It is also very much an elaboration of the kind of lessons that we have taken from the work that the DSS is doing and what the NDA has learned in the consultations that it has had and, most recently, a major conference on the convention. In many senses, this legislation is a response and a listening to a long-standing consultation process. We very much take on board the fact that an easy-to-read version of the Bill would be very important. We will take that away. We are also very ready to engage with disabled groups to answer any queries that they may have on the legislation.
As Ms Áine Flynn has said, there are certain provisions that we are continuing to work on, including those relating to detention matters and, if possible, we will bring forward amendments on Committee Stage to deal with allowing the advanced healthcare directives to apply to people who come under the Mental Health Act 2001. I hope that is useful.