Seanad debates

Wednesday, 9 December 2015

Assisted Decision-Making (Capacity) Bill 2013: Committee Stage

 

10:30 am

Photo of Kathleen LynchKathleen Lynch (Cork North Central, Labour) | Oireachtas source

The Senator and I have known each other for very long and I am not in the habit of saying that I will do something when I will not. In this instance, we have listened very carefully, I have read material and the officials have had extensive listening exercises. This is specifically about people with mental health difficulties. I would still continue to assert that this is not the right piece of legislation for it. We can have the debate as to whether or not we should have mental health legislation, although it is a bit late in the evening for it, because that is a different argument. Should it be combined with general health? This is an issue for another day.

When it comes to advance health care directives, I am not saying that people with a mental health difficulty should not have advance health care directives. Far from it, I have always believed they should have them but that is very specific in respect of a particular condition and that condition is dealt with under different legislation. That is really the point I am making. I am not convinced by the arguments otherwise. It is not because I have not listened because I have. I have read everything that has come to us. The officials have met for an extensive period of time. All of the advice tells us that it should be dealt with under the Mental Health Act. We will deal with it under the revised Mental Health Act and advance health care directives will be in there as well.

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