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

I regret Deputy Cairns's attempts to put words in my mouth so let me be very clear in what I am saying - I do not believe the 2015 Act is in breach of the UNCRPD. That is my position and the position of the Government. The piece Deputy Cairns quoted was written a year prior to the 2015 Act being drafted and as I have stated, the vice chair of the body that oversees the UNCRPD has complimented our approach to the issue of dealing with capacity. The reason Ireland is seeking to bring this in and is being recognised and regarded is the graduated model of tiered decision-making supports that we are introducing. The Deputy spoke of supports and quoted the issue of supports. We are bringing in those supports in terms of the tiered decision-making within the 2015 Act and we will activate them if we initiate this.

There is also the fact the language in the Bill is disability neutral. Importantly, there is no diagnostic component linking incapacity to a condition. We are moving away from the model that was adopted in wardship. The Bill also moves us away from a "best interests" approach and again centres on the "will and preference" of the individual concerned. That is what this legislation seeks to achieve and what is at its core. That is why members of the UNCRPD committee are recognising the advances the Irish legislation represents.

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