Ivana Bacik (Independent) | Oireachtas source

We should not have to say this about this legislation, which is otherwise reforming and welcome.

Members have raised the issue of legal aid and the need to ensure that those who make applications for co-decision making process under Part 4 have adequate entitlement to legal aid and that is something we can also tease out. Senator Zappone spoke about the retention of mental capacity assessment.

On the overall philosophy of the Bill, a hugely important principle is that the option chosen from the three decision-making support options should be the least intrusive possible. This deserves great support and acknowledgement. The safeguards put in place were the subject of an amendment in the Dáil and the Minister said there might be others. One example of this is the provision whereby the decision support service will supervise co-decision makers, which is hugely welcome and will add to the practical positive impact of the Bill.

It is very important that we see this Bill through and do not delay any further on it while raising the important points we need to raise. We have learnt a great deal during the development of the Bill and we need to make it a best practice model. We are well on the way to doing that but section 129, which requires the Minister to carry out a review of the provisions five years after the Bill's enactment, is particularly welcome and gives us confidence that the Bill can only be improved in the future.