Paul Kehoe (Wexford, Fine Gael) | Oireachtas source

Despite the Government's opposition to this Bill for the reasons I have outlined, I thank the Deputy for giving the House an opportunity to discuss this important topic. The Government agrees fully with the main objective of Deputy Mattie McGrath's Bill, namely, the need to protect the most vulnerable, particularly the elderly and those whose limited capacity makes them a target for exploitation. However, having reviewed the technical points raised in the Bill, it is clear that much of what it aims to achieve by way of criminal offences is covered under existing criminal law, notably the Criminal Justice (Theft and Fraud) Offences Act 2001. I encourage the Deputies opposite to read that. Many of the broader policy objectives of the Bill have been incorporated into more recent changes in the law and policy since Deputy Mattie McGrath introduced it in 2015.

The Assisted Decision-Making (Capacity) Act 2015 supports decision-making by adults with capacity difficulties, irrespective of age. There is significant ongoing work on this, in addition to operational measures and policies in the health sector that will come on stream over the next 12 months. The Deputy may ask what the Assisted Decision-Making (Capacity) Act does. I encourage Deputies to study it because many of the issues the Deputy raised are covered by it. The Act provides a modern statutory framework to support decision-making by adults with capacity difficulties. It was signed into law on 30 December 2015. It provides for the repeal of the Lunacy (Regulation) Ireland Act 1871 and the Marriage of Lunatics Act 1811. The current ward of court system for adults will be phased out. The Act offers a continuation of options to support people in maximising their decision-making capacity. It provides for the setting up of the Decision Support Service within the Mental Health Commission, which is under the aegis of the Minister for Health. Ms Áine Flynn was appointed director of the Decision Support Service on 2 October 2017. I encourage the Deputy to meet her. Commencement of the substantive provisions of the Act - the repeal of the Lunacy (Regulation) Ireland Act 1871 and the Marriage of Lunatics Act 1811 and the abolition of the ward of court system for adults - is necessary for Ireland's compliance with the UN Convention on the Rights of Persons with Disabilities. Robust safeguards have been included in the Act to guard against the exploitation of vulnerable adults with decision-making difficulties and to ensure persons appointed under the Act to support decision-making by a person with a capacity difficulty abide by their responsibilities under the Act.

Let me address some of the points raised. Deputy Cullinane asked that the Bill be allowed to proceed to Committee Stage. The provisions sought already exist. I said in my opening remarks that the offences covered in what Deputy Mattie McGrath is proposing already exist in law. Some of the issues could be brought to the attention of the Minister for Health.

Deputy Harty made some interesting points but the important work of the safeguarding body and the health sector legislation on reporting are matters for the Department of Health. This Bill's approach is from a criminal law perspective and not from a Department of Health perspective.

The Minister for Health can reflect on some of the issues raised by the Deputies opposite. I am not saying that Deputy Mattie McGrath is not very well meaning in his Bill. I say that genuinely but I stated in my opening remarks that much of what is covered in it is already covered in law. It is regrettable that we are not accepting the Bill. The Bill was put on the Order Paper a while back. There has been considerable legislative change since then. I have set out the reasons we are not supporting the Deputy's Bill.

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