Dáil debates

Wednesday, 29 June 2022

Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Report and Final Stages

 

7:27 pm

Photo of Roderic O'GormanRoderic O'Gorman (Dublin West, Green Party) | Oireachtas source

Amendment No. 35 relates to section 89 of the Act. We are replacing the reference to "the unborn" with "her pregnancy". This means that where there is an application to a court to clarify a matter with regard to an advance healthcare directive, the healthcare needs of the woman's pregnancy will be considered, not those of "the unborn". There is no instruction regarding the rights of the unborn, meaning the advance healthcare directive will apply to a pregnant woman in the same manner as any other person.

On the progress of the Bill, I hope to bring it to Second Stage in the Seanad next week or the week after, if possible. At all times I have wanted to get the Bill passed swiftly. We have waited far too long to remove wardship. We have had this legislation there since 2015 and nothing has been done with it. I have indicated that. There is a constitutional challenge and a risk in our continuing maintenance of wardship, which we know is in breach of the Constitution and the UNCRPD.

I have listened closely to the matters raised by Deputies Ward and Cairns and others throughout this. I am endeavouring to address those and I am addressing some of them with some of the amendments before us today. These are complex amendments, particularly those we have just discussed. If this involves the final Stages of the Bill being pushed into the next term, it is a consequence of wanting to get the best result in this Bill. There were two sessions taking in Second Stage of the Bill and we had a planned four-hour session on Committee Stage that we got through in three hours. I understand what Deputies are saying but I do not set the timetable, which is set by the Business Committee. I have been happy to engage with the matters raised by Deputies at all stages.

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