Martin Conway (Fine Gael) | Oireachtas source

Like everyone else, I welcome one of our most frequent visitors to the House, whether it is in Private Member's time or to deal with extremely important legislation, the Minister of State, Deputy Kathleen Lynch. The Assisted Decision-Making (Capacity) Bill 2013 is extremely important legislation. For several weeks in Seanad Éireann we have seen some momentous legislation. One can only look back with pride at the jubilation when the Marriage Equality Bill was passed into law. It was subsequently signed by the President and the commencement order is being signed in Dublin Castle by both the Minister for Justice and Equality, Deputy Frances Fitzgerald, and the Tánaiste and Minister for Social Protection, Deputy Joan Burton.

This is also a good day because we finally get to deal with Second Stage of the Assisted Decision-Making (Capacity) Bill 2013. During the past four years I have travelled to Vienna on several occasions to attend an international conference, the Zero Project, which is funded by the Essl Foundation, a non-governmental philanthropic organisation based in Vienna. Martin Essl, an extraordinarily wealthy and very successful businessman, has a philosophy of employing people, irrespective of ability, disability, etc. A significant proportion of his workforce comprises people with various levels of ability, or whatever way one wants to describe it. He also donates a significant portion of his profits to the arts and culture, as well as promoting equality. He funds the Zero Project conference every year which monitors implementation across the world of the UN Convention on the Rights of Persons with Disabilities which I hope will have been ratified next year by Ireland. One of the principal reasons we could not ratify it was our archaic capacity legislation, some of which dated back to 1871 when Queen Victoria was in charge of the country. It is totally unacceptable that it has taken until now to update the legislation. In fairness, the Minister of State’s predecessor, former Deputy John Moloney, made an effort to deal with the issue.

Since she entered office, the Minister of State has been developing the legislation which has been evolving. It has had the assistance of the Oireachtas Joint Committee on Justice, Defence and Equality, of which Senators Ivana Bacik, Denis O'Donovan and I are members. There were also public submissions, reports and recommendations. Even the language used in the legislation has evolved and language is important when one is discussing these issues. The tone of the language used in the legislation is positive, strong and has a positive disposition, as opposed to what could be construed as negativity. There are guiding principles - the mission statement - outlining what we want to achieve with the legislation. That the Minister of State altered the legislation significantly on Committee Stage in the Dáil is testament to the fact that she wants to get it as right as possible. I am confident that when we reach Committee Stage in this House, there will be further Government amendments to strengthen it even more. I am also confident that constructive amendments tabled by Members on all sides of the House which would assist the legislation will be considered. Ultimately, we want to deliver the guiding principles to the nth degree.

The legislation involves the principle that somebody should not be told what to do, if he or she knows what to do. He or she should be equipped to make the decision with whatever resources are necessary, even though it may not be what others might regard as the correct one. Once he or she is making a decision for himself or herself, equipped with whatever supports are necessary to make it, that is his or her decision. That is equality, even when others may not agree. The safeguards outlined by the Minister of State to ensure there will be no undue influence exerted by somebody assisting an individual making a decision are very important. This, no doubt, will be tried and tested in the courts. It is our responsibility to ensure the legislation is as tight, fair, reflective and does as much as possible to support the guiding principles. It will be ground-breaking, not just because of the fact that we will be in a position to ratify the UN Convention on the Rights of Persons with Disabilities which society has a duty to do but also because it will promote the principle that every citizen is equal in society. That is the guiding principle we all have.

This legislation will go a long way. I have no doubt that when it is signed into law and implemented, issues will be identified that will need to be addressed and tightened, but that is what amending legislation is all about. That will be the responsibility of future Members of the Oireachtas. Nothing is set in stone. The objective is to give all those who live in our society the optimal degree of independence to allow them to live a fulfilling life.

The Minister of State has spoken about ensuring the right to vote is protected. As she said, it was always the case, whether people had limited capacity, that they had the right to vote. It is absolutely appropriate that this be protected. The Minister of State spoke about serving on juries and other various elements of civic responsibility. These all need to be protected. She also referred to organ donation and the High Court, an issue on which Members have received e-mails. I wonder if the Mervyn Taylor from whom we have been receiving e-mails is the former Minister.