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Joint Committee On Health: People Detained in Secure Forensic Mental Health Facilities: Discussion (6 Dec 2022)

Frances Black: I thank the witnesses. What role do they think ratification of the Optional Protocol to the Convention Against Torture, OPCAT, could play in the oversight of the CMH?

Joint Committee On Health: People Detained in Secure Forensic Mental Health Facilities: Discussion (6 Dec 2022)

Frances Black: Can the Ms Joyce give us an outline on the additional research she would like to see conducted in this area?

Joint Committee On Health: People Detained in Secure Forensic Mental Health Facilities: Discussion (6 Dec 2022)

Frances Black: I have a final question. Resources have been mentioned a few times or the possible redistribution of the existing resources. If the witnesses had a magic wand, and in the context of resources, what would they like to be the final outcome where they would be absolutely 100% happy?

Joint Committee On Health: People Detained in Secure Forensic Mental Health Facilities: Discussion (6 Dec 2022)

Frances Black: It is.

Joint Committee On Health: People Detained in Secure Forensic Mental Health Facilities: Discussion (6 Dec 2022)

Frances Black: There is no doubt that the opening of the new site for the Central Mental Hospital is good news. I am hopeful that the more modern and spacious facilities there will improve the lives of residents and staff. However, I note the section of the report where one of the research participants stated they felt the planned move served as an excuse for not acting to rectify issues. I hope the move...

Seanad: An tOrd Gnó - Order of Business (1 Dec 2022)

Frances Black: I just want to congratulate Al-Haq, Palestine’s premier human rights organisation, for the launch of its new report entitled Israeli Apartheid. It truly is an expansive and rigorous piece of research. Some of its authors are legal academics from National University of Ireland, Galway, NUIG. It is the latest in a series of reports from Amnesty International, Human Rights Watch and...

Seanad: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Report Stage (29 Nov 2022)

Frances Black: I move amendment No. 1: In page 8, between lines 14 and 15, to insert the following: “(e) section 85(7);”.

Seanad: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Report Stage (29 Nov 2022)

Frances Black: I welcome the Minister. I have a number of amendments in this group dealing with the issue of the exclusionary invalidation of the advance healthcare directives, AHDs, of some people who have been involuntarily detained. It is such an important issue that impacts people's health, autonomy and dignity. Because time is short, I will try to address all of my remarks on this issue when dealing...

Seanad: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Report Stage (29 Nov 2022)

Frances Black: No.

Seanad: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Report Stage (29 Nov 2022)

Frances Black: I move amendment No. 2: In page 9, between lines 11 and 12, to insert the following: “Amendment of section 3 of Principal Act 5.The Principal Act is amended by the substitution of the following section for section 3: “Recognition of legal capacity 3. (1) Legal capacity means the ability to hold rights and duties and to exercise these rights and duties. (2) The exercise...

Seanad: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Report Stage (29 Nov 2022)

Frances Black: This amendment seeks to place a human rights-based and UNCRPD-compliant definition of "legal capacity" in the legislation. I was disappointed that the Minister refused to accept this amendment on Committee Stage, stating that the Government's position was that the operation of the functional model was uniquely qualified by an explicit respect for person's will and preference throughout the...

Seanad: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Report Stage (29 Nov 2022)

Frances Black: I move amendment No. 3: In page 10, to delete lines 7 to 11.

Seanad: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Report Stage (29 Nov 2022)

Frances Black: At a procedural level, this amendment has significant implications for the rights of disabled and older people. It was introduced on Report Stage in the Dáil and was not properly discussed, unfortunately, as that debate was guillotined prior to the full reading of all proposed amendments.The Minister's refusal to agree to this amendment on Committee Stage in the Seanad is a little...

Seanad: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Report Stage (29 Nov 2022)

Frances Black: I move amendment No. 4: In page 10, after line 39, to insert the following: "Amendment of section 8 of Principal Act 8.Section 8 of the Principal Act is amended by the insertion of the following: "(11) The guiding principles contained in subsections (1) to (10) shall be interpreted consistently with the United Nations Convention on the Rights of Persons with Disabilities, in...

Seanad: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Report Stage (29 Nov 2022)

Frances Black: Now that Ireland has ratified the UN Convention on the Rights of Persons with Disabilities embedding an explicit requirement for courts to interpret, they act in a manner that gives effect to the convention and strengthens the potential for the Act to be interpreted in a manner compatible with Ireland's human rights obligations. The Act was continually referred to by successive Ministers...

Seanad: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Report Stage (29 Nov 2022)

Frances Black: I move amendment No. 5: In page 10, after line 39, to insert the following: “Amendment of section 8 of Principal Act 8.Section 8 of the Principal Act is amended by the insertion of the following: “(12) Nothing in this Act shall be construed as imposing any civil or criminal liability on an intervenor, who, in exercising his or her relevant powers, acted in good...

Seanad: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Report Stage (29 Nov 2022)

Frances Black: I move amendment No. 7: In page 25, between lines 11 and 12, to insert the following: “(c) in subsection 10, by the insertion of the following paragraphs after paragraph (b): “(c) Subject to paragraph (d), nothing in this section shall operate to prohibit bona fide representatives of the Press and researchers from attending proceedings to which this section relates....

Seanad: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Report Stage (29 Nov 2022)

Frances Black: While it is vital to ensure individuals' will, preferences and privacy are respected, it is crucial that the public is aware of how this monumental change to Ireland's capacity laws operates in practice and that researchers can document the operation of the system. This amendment allows for judicial discretion and draws on existing legislation to ensure representatives of bona fide press,...

Seanad: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Report Stage (29 Nov 2022)

Frances Black: Is it ruled out of order?

Seanad: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Report Stage (29 Nov 2022)

Frances Black: I move amendment No. 10: In page 39, to delete lines 19 to 28.

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