Jillian van Turnhout (Independent) | Oireachtas source

This amendment basically recognises that everyone can have legal capacity, regardless of his or her decision-making ability, but that some may need support in that. I tabled it in order that we would comply with Article 12. I feel it was needed. I am very conscious that there is continual change in this area. I was trying to push the train further down the tracks because I believe the matter of legal capacity will become increasingly significant. We do not define "mental capacity" in the Bill. In answer to Senator Norris, I did not see the necessity to define "legal capacity" because I felt the amendment dealt with it comprehensively.

I will not press my amendment because I want the Bill to be passed. However, this is a hurdle we still have to go over. It is part of the journey of understanding people's will and preferences, and of finding an appropriate mechanism for legal capacity. That is what I was trying to achieve with my amendment but I appreciate where we are.