Denise Mitchell (Dublin Bay North, Sinn Fein) | Oireachtas source

I welcome the opportunity to speak on this legislation. I commend all stakeholders and advocates who kept it on the Government's agenda. I hope it finally ensures that basic human rights are upheld and respected by the legal systems and institutions that support it. Advocates have raised concerns with this Bill as it stands. Many are worried that the Bill is being rushed. It is important legislation which needs to be done right. The Government runs the risk of not properly considering all aspects of the Bill if it closes its ears and ploughs ahead.

People who are involuntarily detained are being excluded from their legal right to have their advance wishes about treatment respected, even though they had the capacity to make decisions about their mental health care and treatment at the time of making their directive. This is contrary to the UN Convention on the Rights of Persons with Disabilities and international rights standards. The Government needs to amend the Bill to ensure that people detained under Part 4 of the 2001 Act have their rights upheld. This was highlighted at pre-legislative scrutiny of the Bill and was addressed by recommendation 40 of the pre-legislative scrutiny report. I am not sure why the Government has chosen to ignore it.

My colleague, Deputy Ward, intends to submit a number of amendments to the Bill on Committee Stage in order to make it inclusive, equal and most importantly to ensure it is human rights compliant. Sinn Féin supports the long-overdue need to reform how wardships are legislated for in this State.

The Bill provides an opportunity to make Ireland a leader in capacity legislation and to fulfil our obligations under the UN Convention on the Rights of Persons with Disabilities. As it is currently drafted, the Government is set to miss this opportunity by passing a Bill which has obvious flaws.

I hope the Ministers can take on board the observations of Sinn Féin and the stakeholders and seize that opportunity on Committee Stage.

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