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

I can give the Deputy the lengthy response to amendment No. 72 if that is what he wishes, but I am not certain it is necessary.

Basically, the difficulty we have with the amendment is there are 2,000 people in wardship, and if we were to stipulate a six-month period, there would be a logjam in court. I am also very fearful that there are people in wardship who may not be ready to move to a new system and who may not have the decision-makers in place to look after property or such required mechanisms. I worry that such people could be forced into a less favourable position because the time would be too short. Those who are ready to come out of wardship and who have those mechanisms in place have nothing to stop them from applying to the court. It is not that we are saying people must wait for three years. We need the courts to do this within a three-year timeframe, but the six-month timeframe is way too short and may not be favourable to the people involved, even if we forget the mechanisms we would have to put in place for the court. Our focus will always be on the person, and that is our major concern. I hope the Deputy understands that.

If all reviews had to be done in a six-month period, as proposed by the Deputy, many wards would be rushed into a position in which potentially more favourable options might not be feasible, as the time needed to plan for them would not be available. Reviews would have to be shortened to meet this pressurised deadline. I hope I am clear in stating that this is not related to resourcing or anything else, but rather being very careful about ensuring that people who find themselves in this new process will be comfortable about it and have enough time. Those who are ready can apply to the court and there should be no difficulty in that regard. For these reasons, I cannot accept the Deputy’s amendment.

Deputy Mac Lochlainn proposes in amendments Nos. 126 and 127 that reviews of detention orders of persons detained in an approved centre or in an unapproved centre on the order of a wardship court would be undertaken within a minimum period of six months from the Act's commencement. It is the intention that reviews of persons detained on the orders of a wardship court will be undertaken soon after the Act's commencement. I need to take legal advice to assess whether that would be legally possible and whether such amendments could have unintended consequences. I ask the Deputy not to press these amendments but to accept my assurances that I will examine them and, if they are feasible, will bring forward amendments along these lines on Committee Stage in the Seanad.

Deputy O’Dowd’s amendment No. 128 proposes to insert provisions on deprivation of liberty into the Bill. Deprivation of liberty is a very serious issue. The Department of Justice and Equality and the Department of Health have been working intensively on this issue to consider how it should best be approached. This is a very complex issue. Persons who have capacity but who have serious health issues may also be affected. Further work is needed to develop a suitable approach. This work needs some more time, but it will be undertaken in the context of the disability/equality (miscellaneous provisions) Bill, and we have been advised that that is the best place to deal with the issue. It is included in the current legislation programme and is required to enable us to ratify the UN Convention on the Rights of People with Disabilities. We need to recognise also that the problem can potentially affect people who have physical disabilities as well as those who lack capacity.

I assure the Deputy that I am taking this issue very seriously, because it is one of the major issues relating to our ratification process. I cannot agree to this amendment, as detailed policy and legal consideration is needed to ensure that the approach enshrined in legislation is appropriate and feasible. However, work is currently being undertaken as part of the overall process of preparing for Ireland’s ratification of the UN Convention on the Rights of Persons with Disabilities. I ask the Deputy not to press the amendment.

See this speech in context