Oireachtas Joint and Select Committees
Wednesday, 15 October 2025
Committee on Disability Matters
Autonomy and Integrity for Persons with Disabilities: Discussion
2:00 am
Ms Suzy Byrne:
On risks, I want to add that for people who are going through the discharge from wardship process, if they are found not to require the highest level of decision-making support, and they do not have anybody else in their lives, then they may not be able to find somebody who might support them as a co-decision-maker or decision-making assistant. We do not have a structure in place for independent panel members for that level of decision-maker. The court could decide to make a decision-making representative order and instruct someone to act as a co-decision-maker with the person, but it is definitely a gap in the process. We might just be replacing wardship with wardship lite, with decision-making representatives for people who do not need that high level of decision-making support. There are wards of court who may not have natural supports or whose committee may not want to go forward to be a decision-making representative or co-decision-maker. There are gaps. We want to make sure we are not using the system to replace wardship with decision-making representation where it is not required, and we want to support people to be seen as decision-makers. That is happening every day. It is very important in all matters to do with the Assisted Decision-Making (Capacity) Act that people are being supported, are making decisions every day and do not need formal levels of decision-making assistance. We have to recognise that there have been massive moves in disability services and with families and communities to recognise people as decision-makers. We should be supporting that, rather than just saying that everybody needs to have this put in place for them. That is not the case. People are making decisions every day and are being supported to learn and develop the capacity to make decisions. That is our bread and butter at NAS and we support it to happen every day.