Dáil debates

Thursday, 17 December 2015

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

 

11:50 am

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

This Bill has been four years in gestation and we have had two years of consultation, which is why it has been amended repeatedly. The Bill is not the same as the one that first appeared. There is no resemblance. The Title has changed as has the concept underpinning the Bill. The term "best interests" was used in the Bill when it first appeared. We now talk about "will" and "preference", which is an entirely different concept. We are going further in this Bill than any other country has gone. It is the most advanced capacity legislation.

We consulted stakeholders. When we consulted stakeholders on where to locate the decision support service, everyone told us not to locate it in the courts and we all understand why. The notion that the Mental Health Commission would be in any way tainted as not being independent is laughable.

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