Kathleen Lynch (Cork North Central, Labour) | Oireachtas source

There has been no delay in the Assisted Decision-Making (Capacity) Bill 2013. I accept there has been a 20 year actual delay in publishing it. The Government, however, has drafted relevant legislation and sent it out for the most widespread consultation there has been. This has involved not just the organisations but individuals and academics internationally. There has been no delay on our part. We are determined to get this legislation right because it will have a greater impact on people’s lives. It will not just affect those with intellectual disabilities but people with Alzheimer’s and dementia. It will be about an individual’s will and preference as they go through life. I do not accept the Deputy’s concern about the delay in the legislation. There is no delay in it and Committee Stage will be taken in May.

If the change to the regulations could be done at the stroke of a pen, it will be done. The commonly used term is “intellectual disability”. When I speak to parents or children at a passing out from second level education or the move from first to second, I do not use the term at all. We need to start looking at them as people who have a difficulty that we need to support. The type of label such as “intellectual disability” should not necessarily be used and most parents appreciate that too. If the change to the regulations can be done through ministerial order, then it will be done. There is, however, forthcoming legislation such as the Assisted Decision-Making (Capacity) Bill 2013 which will have a greater impact and take more time to bed down. I am determined to get it right as it will have a greater impact than previous legislation in this area. The Disability Act may have to be changed, as the Mental Health Act has already been amended to take account of the Assisted Decision-Making (Capacity) Bill 2013. I accept we are all speaking from the same page. Unless one is standing in the shoes of a person affected by this issue, one cannot empathise to the extent one would wish.

See this speech in context