Trevor Ó Clochartaigh (Sinn Fein) | Oireachtas source

Amendment No. 164 reads:

In page 56, between lines 13 and 14, to insert the following:“(b) a relative of a friend of the appointer who has had such personal contact with the appointer over such period of time that a relationship of trust exists between them,”.

The UN Committee on the Rights of Persons with Disabilities has stated in general comment No.1 that under Article 12 of the convention, perceived or actual deficits in mental capacity must not be used as justification for denying legal capacity. Since the Bill is being developed as part of Ireland's preparations to ratify the UN convention, the functional assessment of mental capacity must be replaced with a process of interpreting the will and preferences of the individual. This will ensure that when people need help to make decisions, they will be supported in doing so, rather than have their legal rights to make decisions removed.

On a broader note, Inclusion Ireland has concerns about the review of the position of wards. I highlight these concerns and invite a response from the Minister of State. Inclusion Ireland argues that Part 6 of the Bill applies to people who are wards of court. The sections therein allow for a review by the ward or somebody who appears to the wardship court to have sufficient interest or expertise in the welfare of the ward. Inclusion Ireland has received communications from a number of concerned families in this regard. Many family members are concerned about the reference to the "welfare" of the ward and the broadness of the category, as preference in persons acting as co-decision makers and decision making representatives is given to a relative or friend of the appointer who has had such personal contact with the appointer over a period of time that there is a relationship of trust between them. Inclusion Ireland is stating it would be preferable if this category was introduced before the aforementioned phrase "sufficient interest or expertise". I ask the Minister of State to comment on this suggestion.