Jonathan O'Brien (Cork North Central, Sinn Fein) | Oireachtas source

The Minister will also need to look at amendment No. 7, which states that it shall be presumed that a relevant person has capacity in respect of the matter concerned unless the contrary is shown in accordance with the provisions of the legislation. That is important. I do not accept the Minister's explanation and I am sure I am not alone. Even having discussed last night the Disability (Miscellaneous Provisions) Bill, which is the State's attempt to give effect to the UN Convention on the Rights of Persons with Disabilities, it is clear that the wording is important. Therefore, I will be pressing my amendment. I cannot speak for anyone else but it is my view that the amendment is in line with the convention. It contains language which has been used in previous legislation and which has been articulated by the Law Reform Commission. Therefore, we will be pressing the amendment.

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