Jennifer Murnane O'Connor (Carlow-Kilkenny, Fianna Fail) | Oireachtas source

I welcome the Bill. I particularly welcome the role of the amendment in ending the wardship system and the introduction of a statutory modern framework of supported decision-making for adults based on a functional assessment of capacity. We cannot underestimate the importance of this Bill. We must ensure that the technical procedural amendments allowing the commencement of the 2015 Act are provided for. We must now provide for a functional model of capacity assessment following the 2015 Bill and bring an end to wardship in Ireland.

The Bill will provide an important new system for enduring powers of attorney with a two-stage process. I welcome that the Bill amends definitions of personal welfare and treatment decisions, which will allow for participation by persons with capacity difficulties in health research. It is crucial that people are supported and able to have their voice heard.

Section 59 of the Bill will remove the capacity of an attorney to make treatment decisions for a relevant person. This will avoid any confusion for healthcare professionals as only a decision-making representative or healthcare representative will have the authority to take these decisions. I welcome the provision for expanded decision support services, which will play a vital role in ensuring implementation. This Bill will allow for remuneration of decision-making representatives. It will strengthen the protections for the rights of the wards when their wardship is reviewed and they are discharged from same or migrated to the structures of the Act of 2015.

The Bill also makes provision for the implementation of requirements under the UN Convention on the Rights of Persons with Disabilities along with measures from the 2016 disability Bill. The removal of the reference to cognitive ability from section 52 of the 2015 Act is important as it goes against the broader ethos of the Act and the UN Convention on the Rights of Persons with Disabilities.

The Bill also provides for the Irish Human Rights and Equality Commission to become Ireland's dedicated UN Convention on the Rights of Persons with Disabilities monitoring body. The Bill will provide for a percentage of people with disabilities in the public service to be doubled along with the repeal of certain statutory provisions which will facilitate greater participation in public and civil life for people with disabilities. We know that it is essential to increase the participation of people with disabilities in these services. I welcome that. It is important to listen to the concerns of people with disabilities. I know the Minister of State, Deputy Rabbitte, is very aware of this because I have spoken to her about it recently.

While I am very supportive of the Bill, I have been contacted by some interested bodies who have outlined certain issues they believe need to be addressed. There is an issue of inclusion of persons detained for mental health treatment in this Act. Unless we look at including these persons, they will be specifically excluded from legally binding advanced healthcare directives. They will have no legal rights to have their advance wishes respected, even though they might have had the capacity to make these decisions. This group has been excluded and their legal rights in this regard have been forgotten. We cannot leave any group behind in commencing this important legislation.

I welcome that the Bill makes significant strides in commencing the 2015 Act. We need to look at the exclusion for those who are detained in hospital for mental health treatment who may be excluded from legally binding advance healthcare directives and having their wishes respected. I welcome the Bill. It is important to speak to all stakeholders and listen to their views.

See this speech in context