Ciara Conway (Waterford, Labour) | Oireachtas source

I thank the Minister of State and I am pleased to speak on what is, as noted by my colleague, Deputy Anne Ferris, important legislation that seeks to redress a number of important issues that have been ignored for too long. I thank the Minister of State for her determination in getting the legislation to this Stage. She has taken a special interest in ensuring the Bill is moved along. A welcome feature of the Assisted Decision-Making (Capacity) Bill is that it moves away from the way of looking after what have been decided are people's bests interests. Instead, it recognises a person's fundamental right to make decisions about his or her own life. This is about giving power back to the individual, which has been absent in far too many lives - often at the behest of the State - and I welcome the change encapsulated in this legislation.

This Bill will enable and support people in that decision-making process. It will give more autonomy to those who are affected or are likely to be affected by incapacity by replacing the current wards of court system with a graduated supported decision-making framework. There also are provisions in the Bill for the transfer of the supervision of existing wards to the public guardian and the repeal of the Marriage of Lunatics Act 1811. Words like "lunatic" have no place in the modern vocabulary when it comes to describing mental health issues. The word "lunatic" is out of date, inappropriate and insulting. Members are aware that language matters and I am glad this word is to be eradicated from the legislation. It belongs in the past, much like the legislation this Bill seeks to correct and update.

Another important aspect of this Bill pertains to international human rights. This legislation will pave the way for the State to ratify the UN Convention on the Rights of Persons with Disabilities. It will give effect to Article 12 of that convention, particularly in respect of equal recognition before the law, regular review, adequate procedural safeguards and access to the support required to exercise legal capacity. This relates to people's fundamental rights to make decisions. I have first-hand experiences from working within the mental health services, within long-stay mental health facilities and within day services that, over the years, bit by bit, decision-making and capacity have been eroded and taken from people who have become institutionalised and reliant on others, as well as on systems and the State, to make decisions on their behalf. I believe this legislation will give back this fundamental right to people to make decisions about their own lives.

The Law Reform Commission made a number of strong recommendations on this Bill that are strongly reflected in the legislation, which is greatly to be welcomed. More than 70 written submissions were made on this issue to the Joint Committee on Justice, Defence and Equality last year, thereby demonstrating the level of interest and consultation,. This was a welcome process in the negotiation of this legislation. As mentioned, some major changes in this Bill include the fact that a new legal framework will replace the wards of court system. The Bill will change the law in order that decision-making is assessed on an issue and time-specific basis and will provide for a range of different types of assistant decision-makers. The proposed office of the public guardian has been referred to by a number of previous speakers and is to be welcomed strongly. The replacement of the wards of court office by the office of public guardian is a positive development. This office will have supervisory powers to protect vulnerable people. It will modernise the law on enduring powers of attorney and will provide for advance care directives. Again, while this is about protecting those who need help, namely, the most vulnerable, it is also geared towards helping many people make decisions about how they might be cared for in the future. The point has been raised in the Chamber that Members must ensure funding is in place to enable the office of the public guardian to operate effectively. I urge the Minister of State to give serious consideration to this issue because it is fundamental to ensuring the protection of this most sacred of rights, namely, that of people to make their own decisions.

This Bill marks a shift away from paternalism and the paternalistic way of looking after what one decides are people's bests interests. Instead, it recognises a person's right to make decisions about his or her own life, and enabling and supporting him or her in that decision-making is fundamental. The Bill sets out a menu of options to respond to people's differing needs. An effort has been made to recognise that citizens have different needs, and this must be welcomed. Some people may need a small amount of help in obtaining information and in getting to grips with systems. Everyone needs that from time to time and we all rely on friends and agencies to help us get such information to make correct decisions. I acknowledge we do not always make correct ones. The decision-making assistant option will suit such people.

The co-decision making option might be most suitable for those who need someone to help them to make a joint decision. Such people will be able to enter voluntarily, which is highly important, into a co-decision making agreement with trusted friends or relatives. The Minister of State, Deputy Kathleen Lynch, made the point on the publication of this legislation that many people will be able to use informal arrangements rather than formal agreements. However, the Bill also must provide for formal agreements. In a minority of cases, there is provision for court-ordered decision-making representation. This will be an option of last resort but I reiterate the reality must be reflected in law to provide such an option. In such cases, the representative will be required to act faithfully as the individual's voice. In all cases, the person's will and preferences must be centre stage.

I conclude by reflecting again on what an important and fundamental right it is for people to have the opportunity and power and to be empowered to make their own decisions about their own lives.

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