Seanad debates

Tuesday, 15 December 2015

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

 

11:30 am

Photo of Caít KeaneCaít Keane (Fine Gael) | Oireachtas source

I compliment the Minister of State on the work she has been doing for the past two or three years. Perhaps she has been working on this matter for even longer than that without my knowing about it. To say that this legislation is groundbreaking is an understatement because there is so much good in it but a worrying feature of the Bill has come to light today. I refer to the transfer of the decision support service to the Mental Health Commission. I was listening to the Minister of State on my monitor when I was upstairs. I know people think we are asleep when we are not in the Chamber. I did not hear a satisfactory explanation from the Minister of State and I would like to hear such an explanation now. I agree with the Minister of State most of the time because she comes forward with sensible solutions. I want to know the reason for this decision. It really changes the whole aspect from the justice system to the Mental Health Commission. Obviously, the Minister of State has a good reason for doing this and I want to hear that reason. I received a phone call from a lady called Mary Farrell. She might have contacted Senator Conway as well. I have also been contacted by Tallaght Trialogue and various other individuals and groupings who are concerned that such a major change is being made at this late stage of the legislative process.

The Minister of State is to be congratulated because this Bill does a great deal to change what has been there since the 1800s. There are many people in wardship who do not have mental problems. We are lifting the stigma of mental health. We should all work towards that. Mental health should be like having a headache. No stigma or anything else should be attached to it. I know from the various e-mails and phone calls I have received that people with brain injuries who have never had any mental capacity issues and their carers and representatives are not at all pleased. As Senator Norris said, an acquired brain injury is not a mental illness. I look forward to the Minister of State's explanation. Like other Senators, I want the Bill to be passed. It is past time this was done. We have been waiting a long time for the Minister of State to come here and progress the Bill. While I would not like it to be delayed, I would appreciate a good explanation in respect of the issue of independence and the Courts Service. Are we looking at a worse scenario? The position regarding the Courts Service was not good. There is obviously a good explanation for the transfer and I want to hear it.

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