Dáil debates

Wednesday, 21 October 2015

Assisted Decision-Making (Capacity) Bill 2013: Report Stage

 

11:30 am

Photo of Colm KeaveneyColm Keaveney (Galway East, Fianna Fail) | Oireachtas source

It is an unusual discussion because the spirit of the Bill relates to a human rights ethos. The administration of human rights with an administrative function is somewhat complex. It could pose some challenges for us in the future. Anyway, no legislation is perfect.

We will support what the Minister of State is proposing. However, it is on the basis that we would be prepared to learn as we proceed. We must ensure we do not deny a human right that is superior to an administrative understanding in the legislation. That understanding may limit certain rights to one per year or two per year and so forth on the basis that bureaucratically it makes more sense and it is preferable to changing the arrangements from week to week or from day to day if there is a dispute somewhere. At the end of the day, it is about legislation that is focused on the service user, the patient and the citizen. I have a concern that we could be limiting the discretion around human rights by imposing an administrative understanding. Anyway, we will support the legislation, because this is new for us. I hope that the spirit in which we approach the legislation will be reciprocated in future if it does not work.

That is why I have remarked on that.

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