Dáil debates

Thursday, 17 December 2015

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

 

11:40 am

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

No, but it will remain part of the justice system. It will be independent but so, too, is the Mental Health Commission. Perhaps a future Government will decide that the DSS should be a stand-alone agency. Even if that were the case now, I would still be looking to the Mental Health Commission for direction in this regard. The mental health commissioners are the experts in this area. They understand what it means to be deprived of one's liberty and will and preference. There is no disagreement in regard to whether the DSS should be a stand-alone agency. A stand-alone agency is the ideal. Even if we were establishing such an agency now we would still be looking to the Mental Health Commission for direction in relation to the putting in place of the necessary experts, structures and so on. What is proposed is the best fit in the circumstances. We cannot all live in utopia: we must always deal in the circumstances in which we find ourselves at a particular time. What is proposed is the best fit. I understand the perceived difficulties-----

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