Mary Moran (Labour) | Oireachtas source

-----that we have the opportunity to debate the Assisted Decision-Making (Capacity) Bill in the Seanad.

Like many others, I have been seeking progress on this legislation since we entered the House, when it was included in the programme for Government. I understand that legislation takes time and also the importance for everyone's sake that legislation is correct. I commend the Minister of State for the great care and attention given to the Bill and I know amendments have been made to ensure the legislation will be correct when it goes through. I welcome the fact the amendments and changes that were necessary were accepted in the Dáil, including the removal of informal decision-making or acts in good faith. The Bill now looks very different from its original appearance.

This is a vital piece of legislation for people who have difficulty in making decisions without help. Most importantly, it provides for the abolition of the adult wards of court system and will be replaced by a less intrusive framework managed by the decision support service. When it is enacted, it will be a major step forward for Ireland in ratifying the UN Convention on the Rights of People with Disabilities.

Very few things in life are black and white. None of us know when our capacity will be impaired through accident illness disability or old age. Those of us here today are fortunate that making a decision for us does not require someone else's approval or consent. However, for people who have reduced capacity or those who require someone to assist them with decisions, this legislation will ensure that the person's will and preferences are respected as far as possible.

I welcome that this Bill repeals the Marriage of Lunatics Act 1811 and the Lunacy Regulation (Ireland) act 1871. This archaic and insulting language and terminology, thankfully, will be removed, along with words which refer to people as idiots and of unsound mind, and left long in the past, where it belongs. There are currently over 2,500 people in Ireland with intellectual disability, brain injury or mental illness who are wards of court under this long outdated legislation. In 2014, 322 people were made wards of court, an increase on previous years' numbers. Will the Minister to outline what supports will be in place for people who will be discharged from wardship?It will be a major upheaval for some people. It can be very challenging not only for those who come out of the system but also for family members who may require guidance and even counselling.

It is also very important that the Bill provides for advance health care directives, allowing a person to express his or her preferences and choices regarding treatment, if and when the time comes that he or she will lack the capacity to express his or her wishes. This is important. The guiding principles are intended to safeguard the autonomy and dignity of the person with impaired capacity. There are questions about the functional test that outlines a person's capacity. I am aware of what can be said on a Second Stage debate and I acknowledge the Minister of State, Deputy Lynch will examine some of these areas before Committee Stage. I welcome the fact that each intervention will be taken on an individual basis. A person may lack the ability to make a decision on a matter at a point in time but that does not necessarily mean this will be the case at a future time.

I welcome the recognition in the Bill that capacity to make decisions can fluctuate. A presumption of capacity will hold unless the contrary is shown. When the capacity to make a decision is in question, the person can avail of a decision making assistance agreement, a co-decision making agreement or another person can apply to be a decision making representative. No intervention will be made unless deemed completely necessary. Any act or decision must also be done in a way which will be least restrictive to the person and all consideration to a person's will and desires must be given effect.

The Minister of State has set out the procedures comprehensively. Nobody knows the day or the hour when this may be necessary. It is so important to know what way things will be ordered. She referred to people with an intellectual disability. For those who look after people with an intellectual disability, all they want is the best for their loved one, so that when they are gone, a procedure is in place so that the person can make the decisions that he or she might not be able to communicate and that the person who supports him or her will allow the person to live as independently as possible and to be treated as equally as possible.

I welcome the clarification that the Minister of State intends to transfer jurisdiction to the Circuit Court when the matter goes to the court, in order to reduce legal costs arising for donors. It is imperative that costs would not be a barrier and that if legal aid is needed it is provided. I also thank the Minister of State for her clarification and attention to detail. I commend her commitment to the Bill. I welcome her openness to amendments on Report Stage so as to ensure that the Bill, although a long time coming, will ensure that our most vulnerable will be at the heart of his or her own decision on his or her life.

This is one of the most important days since I became a Member of the Seanad. This is an issue to which I am committed and is the reason I am here. I acknowledge the hard work of many people who are in the Visitors Gallery. I do not like to single people out but I know from my work with Inclusion Ireland, that Angela Edgehill from Hospice Ireland and others from the Hospice Foundation are present and work hard to ensure there is equality.