Seanad debates

Tuesday, 15 December 2015

Assisted Decision-Making (Capacity) Bill 2013: Report and Final Stages

 

11:30 am

Photo of Martin ConwayMartin Conway (Fine Gael) | Oireachtas source

Even though this legislation is groundbreaking, and that view is shared by everyone else in this House, I got a phone call today from a lady whose name escapes me but who was very distressed about the transfer of this service from the Courts Service to the Mental Health Commission. I thought all non-governmental organisations were in support of that move. I do not doubt that the Minister of State will be able to reassure me with regard to two slight concerns. If the Mental Health Commission is enshrined in this legislation, will further legislation be required if a future Government decides to change the name of the commission? Language is important here. The Title of this Bill has evolved over the years. It is now known as the Assisted Decision-Making (Capacity) Bill 2013. I do not doubt that the name of the Mental Health Commission could change in years to come. I do not think it matters as long as the job is done and done well. People can be too zealous about what bodies are called and what Departments they fall under. I suppose people have concerns, but sometimes it is better to go with a proposal on the basis that it is better than what is there at the moment. We could look for perfection, but I do not think perfection exists in life. As I said to the very nice lady who called me earlier today, this legislation can be amended. She did not seem to grasp where I was coming from. She said this is going to cover the whole legislation. The big story here is that we have moved from where we were coming from to where we are now with this legislation. I appeal to Members to get this legislation over the line. It will be six months before it is enacted. We need to get it over the line because people out there are waiting. We have been very careful with the use of language and all of that.

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