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

We are in regular contact. That will not be a difficulty. The deprivation of liberty is a particular difficulty for us. I would hope to get the capacity legislation in place before Christmas but the deprivation of liberty is an issue. As Deputy O'Dowd correctly pointed out, it is not only about persons with mental health difficulties because they are dealt with under the mental health legislation more than any other legislation. It is not about prisoners because they are dealt with under justice legislation. The issue of persons with intellectual disability and older persons with dementia is a particularly challenging difficulty. We are advised, because we have been asking for a considerable period, that the best legislation in which to include it is the disability equality (miscellaneous provisions) Bill which is being worked on as we speak. We probably have greater scope in that to do something comprehensive. It will be one of the pieces of work that will be out of the way in terms of ratification.

In response to Deputy Naughten, it will not be possible to stay in wardship. I understand the Deputy's point. It is one of the struggles we have had in terms of questions about a person's will and preference and if he or she wants to stay. The difficulty, as all the experts, especially Professor Gerard Quinn and his team, will tell the Deputy, is that wardship is too paternalistic and we must move away from it. However, we must move away from it in a way that we have safeguards in place to ensure those involved are not left floundering and that a structure is in place to protect them as they move away from wardship. It will not be possible to stay, however.

I say to Deputy Coppinger that it is a terrible pity she entered in the middle of the debate because I am sure what I stated to Deputy Mac Lochlainn, who has been centrally involved in all this, is that it is not an issue of resources. It is about the individual's ability to be ready to be released from wardship. That is what I said and that is what I mean.

The debate so far has been an interesting one. Deputy Coppinger did not hear much of it.

See this speech in context