Patricia Ryan (Kildare South, Sinn Fein) | Oireachtas source

I welcome the opportunity to speak on the Bill and I sincerely hope that it fares better than the 2015 Act, where significant sections were left uncommenced.

This Bill repeals the Marriage of Lunatics Act 1811 and the Lunacy Regulation (Ireland) Act 1871. These Victorian Acts and their phrases have no place in our health service. The reforms in this Bill are long overdue. The current wardship system is not fit for purpose. This Bill will make significant progress in terms of our responsibilities under the UN Convention on the Rights of Persons with Disabilities. Ireland must immediately ratify the optional protocol.

The hit-and-miss consultation with stakeholders during the development of this legislation is something that needs to change. Deputy Ward made a similar point to mine. We are all familiar with the phrase, nothing about us, without us. Unfortunately, those who are not invited to dinner often find themselves on the menu. Stakeholders must be consulted in further reviews of this legislation and in the development of complementary legislation. The Government can bring forward as much legislation as it wants, but if this is not backed up with resources, it is set up to fail.

The health, social care and disability sectors that are the focus of this Bill have a long history of being under-resourced. Staff working in these sectors and family carers are struggling and need our support. They are saving the State a fortune and it is high time that the Government reinvested in them.

The Joint Committee on Children, Equality, Disability, Integration and Youth has made more than 60 recommendations on how this Bill can be improved. While we in Sinn Féin are generally supportive of the Bill, we see it as a missed opportunity to position Ireland as a world leader in legal capacity law reform. As the Minister of State already heard, we will be tabling a number of amendments to deal with the concerns outlined to us by advocacy groups and to make the legislation inclusive, equal, and human-rights compliant. People with mental health disabilities are excluded from this Bill, which is wrong.

Advance healthcare directives should be extended to people in all healthcare settings, including those detained in hospital for mental health treatment and all pregnant people. If we are serious about reform, arrangements must be made for those in prison and other institutions to access the Bill's provisions. Accessibility and ease of use must be central to the Bill's provisions. This must include the provision of non-digital routes and the removal of the requirement to have a MyGovID to register with and use the decision support service.

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