Dáil debates

Wednesday, 21 October 2015

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

 

2:15 pm

Photo of Ruth CoppingerRuth Coppinger (Dublin West, Socialist Party) | Oireachtas source

It is what the Minister said. We must look at putting resources in place to protect people's civil liberties. We know the wards of court system was widely abused in the past in order to deny people the right to make decisions because they simply did not fit with the social milieu of the time. I am not saying that is the case today, as society has moved on, but there could well be cases in which people are unjustly detained. Surely the Minister could admit that a six-month review is something basic to be put in place, rather than saying that we could not handle it and we will have to retain what is a potential block on civil liberties. We will have to put resources in place, and the Minister should not argue on those grounds.

I want to speak generally on the amendments. This is a long-awaited piece of legislation and I welcome many of its provisions. It is an effort by the Government to make the State compliant with the United Nations Convention on the Rights of People with Disabilities. It is replacing archaic legislation such as the Lunacy Regulation (Ireland) Act 1871 and the ward of court system. It is incredible that it is only now that we are replacing those outdated and archaic laws. Many amendments have been made, reflecting pressure from disability rights organisations, and it is good that a system of co-decision-making and decision-making is being put in place. I welcome the Government's deletion of the category of informal decision-makers, as this was potentially open to abuse. I am also glad that a decision support service and advance health care directives, for example, are being included.

The issue of resources is critical. We can give people all the rights we want on paper, but unless resources are provided, particularly in the Minister of State's own area of mental health, we will see people suffering. We must give support to individuals in making their own decisions, and that would require substantial investment in health care and more training for staff. It is shameful that we are still not ready to ratify the UN Convention on the Rights of People with Disabilities. The Government should accept amendments in the Seanad. We must end austerity, which has hit the health sector in particular and mental health and old age services within that. We must end cuts to the carer's allowance, and we have also seen how the respite care grant was cut. We have witnessed long waiting lists for people seeking autism assessments and the Government has taken legal cases against those attempting to access services for their children. Irish Sign Language has not been recognised, and people with disabilities in the mental health area have been particularly hit by austerity. We saw shameful scenes over the summer when people with disabilities picketed Government Buildings and stayed overnight. Unless there is a commitment to end austerity, the rights being put in place in this legislation will not be fulfilled.

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