Maurice Cummins (Fine Gael) | Oireachtas source

I am very happy to be here as this Bill goes through the House today. I commend all my colleagues who have taken the time and shown an interest in contributing to this very important debate on Second Stage. Alongside all the work this Government has had to do in stabilising the economy and creating so many jobs that were lost throughout the recession, it has also committed itself to introducing much-needed legislation to assist the most vulnerable. This Bill is long overdue and represents a radical reform of Irish law concerning decision-making by persons with capacity difficulties. Its enactment will also be a key step forward in enabling Ireland to ratify the UN Convention on the Rights of Persons with Disabilities.

Under the terms of the new legislation, capacity will be assessed only in respect of a specific matter at a specific point in time. Three new support roles are intended to maximise a person's decision-making capacity and to ensure that the person's will and preferences are respected as far as possible. The Bill also provides a series of safeguards for situations in which another person is given authority to make decisions on the person's behalf.

The Bill provides for the abolition of the adult wards of court system and its replacement with the less intrusive framework managed by the decision support services. As has been stated by many Senators, the Bill repeals the Marriage of Lunatics Act 1811 and the Lunacy Regulation (Ireland) Act 1871, thus removing archaic legal provisions from the Statute Book and consigning offensive and archaic language to the past.

The Bill also provides for advance health care directives allowing a person to state his or her will and preferences regarding treatment decisions that may arise in the future when he or she lacks the capacity to provide consent or refuse treatment. Most of us take for granted that we must make day-to-day decisions that affect our lives. Indeed not having control over our decisions would be an affront to most of us. Being in charge of personal decisions empowers people and is vital for their well-being. It offers a sense of dignity and purpose. This is why this legislation is so important in helping to address the key barriers that affect people who have difficulty in making decisions for themselves.

People with decision-making challenges are not a separate group but include us, our families and our friends. However, they and those who care for them can feel left out and powerless. We must strive to prevent this so that all members of society are looked after and respected equally. I know that many Members will table amendments on Committee Stage and I know the Minister of State will give due consideration to them as they are discussed in the House.

This Bill is practical and will be very effective when it is implemented. I look forward to seeing its progress in the years to come. Every step we take along the road will bring us closer to the society we want. I commend this Bill to the House.