Dáil debates

Thursday, 17 December 2015

Assisted Decision-Making (Capacity) Bill 2013: From the Seanad (Resumed)

 

3:00 pm

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

I do not want to hold up proceedings but I thank the Deputies opposite who have taken an interest in the Bill. It is technical, long and complex and has been amended dramatically. It is not the same Bill as originally presented. From time to time, it must have seemed cumbersome and difficult to come to terms with. I appreciate their interest because no legislation should go unchallenged through any House of parliament. It makes us think differently and makes us understand things a little bit better.

I thank those who have taken an intense and long interest in this legislation, some of whom are in the Public Gallery today. They have followed and driven the Bill and advised us all along. We are deeply grateful to all of those people. For the organisations that have been waiting on it, it has been a long time coming. As Deputy Keaveney rightly points out, we are repealing the Lunacy Regulation (Ireland) Act 1871 and the Marriage of Lunatics Act 1811. It seems difficult to comprehend now that at the time, legislation that recognised there was a difficulty in some people's lives was considered to be revolutionary. We think differently now, are in a different space and understand more, which is why this legislation is so important. It will allow people to make decisions for themselves even if those decisions are not ones we would make ourselves. It is hugely important to understand that people who may have limited capacity in one area can have complete capacity in another. This defines the level of capacity and is hugely important to allow people to express their will and preference on any given issue. It is also time based.

I am sure the officials from the Department of Justice and Equality who have worked on this for the past four years have been very frustrated by it from time to time but nevertheless have been entirely committed to a good outcome. We are very well served by officials who work in our Departments. For the most part they are invisible and they do not come out and make statements to the papers - or, at least, they do not put their names to them if they do. That is a joke by the way. The people of Ireland can be truly grateful that they work on their behalf. When there is collaboration to do something right and proper, one sees the talent we have in this country coming to the fore. I thank them all because so many people are waiting on this legislation.

I will tell a story I have told in the Seanad. A family came to see me recently - someone they loved very much was awaiting a wardship hearing. The person was an adult and did not want to have that hearing. They had certain limits but were perfectly capable of making decisions and living as complete a life as any one of us. The judge wrote to him and suggested he look for an adjournment because this legislation was coming in. This judge was enlightened and it shows that people we do not even know about were waiting for this legislation and watching it with great interest. Sometimes we think we are talking in a bubble in here but an awful lot of people watch what we are doing.

I wish everyone a very happy Christmas. I hope it will be peaceful and not too many crises will arise. As someone working in the Department of Health, we always dread Christmas week.

I again congratulate on her appointment the first woman in the history of this parliament to become deputy head usher. I foresee great things for her. It is amazing that women now hold such decision-making positions in this country. The next election will see far more of that.

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