Joe Carey (Clare, Fine Gael) | Oireachtas source

I welcome the Bill. The legislation, to say the very least, is long overdue. The Bill puts forward a modern statutory framework to support decision-making by adults who have difficulty in making decisions without help. It will repeal the Marriage of Lunatics Act 1811 and will cause the Lunacy Regulation (Ireland) Act 1871 to cease to have effect.

The Bill strongly reflects the recommendations of the Law Reform Commission reports and the 70 written submissions to the Joint Committee on Justice, Defence and Equality of last year. The Bill will bring about substantial change. It will change the existing law to a functional one whereby decision-making capacity is assessed on an issue-specific and time-specific basis, replace the wards of court system with a new legal framework, provide for a range of different types of assistant decision-makers, establish an office of public guardian with supervisory powers to protect vulnerable people, and modernise the law in regard to enduring powers of attorney.

With specific regard to the elderly and those with diminishing capacity, there are many who find themselves in great difficulty when trying to deal with their affairs as their mental capacity deteriorates. Throughout my life as a public representative, I can reference many cases where an older person was living a wholly independent life one day and the next day their life changes. This generally happens as a result of a minor issue such as a fall or a burn, or perhaps a more serious condition may arise following a leg or a hip being broken, necessitating a stay in an acute hospital setting followed by care in a nursing home. For whatever reason, perhaps because of their vulnerability at this desperately traumatic time, their mental capacity disimproves rapidly and, in many instances, their legal affairs, particularly those which concern their continuing care, are not in order. This situation in many cases places a terrible strain on the person themselves, their immediate or extended family and perhaps their friends or neighbours. This legislation, as presented, should be of significant benefit in instances such as this. Furthermore, the chronic condition of dementia, without any specific acute trigger, is acknowledged by all to be on the increase, certainly in this country.

The Bill provides a statutory framework for the appointment of different types of people to assist the vulnerable with decision-making, with these to be called assistant decision-makers and co-decision making representatives. They can facilitate decisions, where specified, regarding welfare, property and affairs and most medical treatment of the relevant person. They are appointed by that person or the court. They must also submit annual reports to the public guardian.

I welcome the provision whereby an office of the public guardian, which will replace the Wards of Court Office, will be established within the Courts Service to manage capacity related matters for adults. The office of the public guardian will supervise and handle complaints against decision-making assistants as well as against the co-decision makers, decision-making representatives and attorneys of enduring powers appointed by the court. It will also prepare codes of practice for specific groups and will promote awareness of the legislation among the public. I believe this will be a critical function of this new office.

It is important that awareness is also brought to the relevant public and private sector bodies of issues relating to capacity. Sometimes, as a people, we have a tendency to ignore very real issues, as this issue is. It is a fact that we are living longer but there is a quid pro quo with regard to capacity. In far too many instances, capacity can diminish without warning, which is why this Bill is so important. I welcome the fact the Bill has the dignity of the individual at its core. I commend the Minister, Deputy Shatter, and his officials at the Department for preparing the legislation and bringing it before the House. I support it wholeheartedly.

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