Donnchadh Ó Laoghaire (Cork South Central, Sinn Fein) | Oireachtas source

This area of legislation has been talked about for many years. The 2015 Act was imperfect, but even it had a long and winding history to get that far. Our history - and I include our very recent history when I say that - is, unfortunately, blighted with stories of people with disabilities, including intellectual disabilities, who have been institutionalised, locked away and hidden away from the rest of society. At times, the wishes of their families were not respected. More often than not, their own wishes were not respected and they were effectively considered to be incapable of expressing or having their own wishes or of being in a position to consent to anything. That led to mass institutionalisation. Sometimes in the Dáil reference is made to the percentage of our GDP we spend on mental health and how much higher the percentage was once upon a time. In some ways that reflects the fact that we do not spend enough today - and there are issues with recruitment, and I know all that - but it also reflects the fact that a huge amount of the budget once upon a time was for mass institutionalisation of people with intellectual disabilities. It was the Irish State's response to so many things, including unmarried mothers and children. We lived in a State that was carceral, where the solution to many things was institutionalisation.

We have moved away from that, but it is still not very long ago that there were issues around consent and electromagnetic treatment. It is within only the past decade that the latter has been dealt with, and even right up to this day there are issues in that regard. It is very important we address that.

There are steps forward in this legislation but, as Deputy Ward and Mental Health Reform have identified, there are flaws in it. I hope we can address them through Committee Stage and the remaining Stages of the legislation.

Of particular concern is the fact Deputy Ward and Mental Health Reform have flagged, that is, that in respect of people who are involuntarily detained under the Mental Health Act 2001, sections 85(7) and 136 of the 2015 Act have not been amended and those people are not being given the right to have their advance wishes about treatment respected, even though they may have had the capacity at the time to make decisions. That is an important consideration. Advance care directives are very important and valuable. If somebody had the capacity previously and, at the time of having that capacity, expressed those wishes, of course those wishes should be respected. As the legislation stands, however, they are not being respected. That is discriminatory. I urge the Government to address the position of people detained under the 2001 Act in that context.

I echo the point made by Deputy Ward that we support the need to inform how wardships of court are legislated for and that this legislation could have been stronger in making Ireland a world leader in capacity legislation and to fulfil our obligations under the UNCRPD. Accordingly, amendments will be tabled by this side of the House to strengthen the legislation.

I will flag once again the concerns on wardship that have been raised by organisations such as the Justice for Wards group led by Mary Farrell. It has raised concerns about how the funds for supporting wards of court are managed. It is primarily a Department of Justice and Courts Service issue, but I would flag again that there were concerns about how the funds are managed. I will finish on that point.

An enormous amount of travel has been done but, as yet we are still not anywhere near where we need to be. We must respect the wishes of a person who is affected by treatments, or any decision made in regard to him or her, to the maximum extent possible. Where possible, the person's voice should be the ultimate and the legislation we draft and pass should reflect that.

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