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 Áine Flynn:
I will pick up on one point the Deputy raised, which Ms de Bhailís also touched on. The Deputy made observations about the roll-out of the Covid vaccine campaign, which was a really interesting illustration of what should be the key precepts of this Bill. It was encouraging to see the words "will and preferences" used in the statutory instrument which gave effect to the delivery of the vaccine. It was a recognition that the preoccupation that can sometimes exist with accessing consent was satisfied in favour of ascertaining a person's will and preferences. The cultural shift which this Bill is part of is well under way.
I will pick up on the practical point around costs which the Deputy mentioned. We have heard clearly from the Minister that costs should not be a barrier to access to the supports under this Bill. Insofar as we have been able to influence what costs we charge, we have been concerned with ensuring they are minimal. There will, in fact, be provision for a waiver of the costs of the services provided by the DSS. We do not have control over other aspects, such as the costs of going to court, but I think the point that costs should not be prohibitive is well made.
The Deputy also mentioned an issue relevant to the Department of Health. People must access specific forms of capacity statement from medical and other healthcare professionals in respect of co-decision-making agreements and supporting documentation around enduring powers of attorney. We would also like to see assurance that those capacity statements are going to be available and that costs are not going to be an issue in that regard. Those are the key points I took from the Deputy's questions.