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 type of information that needs to be gathered, in the first instance, is extensive. When a complaint is made it needs to be extensive, and, therefore, it would cover all eventualities. I think the Senator will be happy enough with that. On the amendments we are proposing in regard to the enduring powers of attorney, we are simply aligning them with the reforms agreed by the Dáil, where there was exceptional co-operation around this area.

I advise Senator Ó Clochartaigh that we will be dealing with advanced health care directives in Part 8 and I believe his concerns will be dealt with there.

Before I address Dr. Fiona Morrissey's article, I want to state that we have met her. One of the meetings was with the officials and it was of three hours duration. I have also met her and she has put her case. It was an informal meeting. I do not want to mislead anyone, it was not the case that this was something we were discussing but I knew her arguments because I have read her extensive e-mails on several occasions and I have explained to her and others, and officials explained also in great detail at that three-hour meeting, that we intend to deal with the advanced health care directives in regard to the mental health Bill when the general scheme is produced. We believe that is where it should be dealt with. As well as that, the expert group, who have looked at the Mental Health Act for us, has advised that it is where we should deal with it. This legislation is about enabling people to make decisions and it relates to the general scheme of life events, but the specific area of mental health should be dealt with in the Mental Health Act. We are not opposed to that and we have very much taken on board what Dr. Morrissey has said. She is very determined that this would be stitched into this legislation but we do not agree on that and that is the beauty of democracy. We have explained in great detail why it should be in the Mental Health Act rather than in this legislation.

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