Trevor Ó Clochartaigh (Sinn Fein) | Oireachtas source

I thank the Minister of State for her explanation. We were moving the amendment because the UN Committee on the Rights of Persons with Disabilities has stated in general comment No. 1 that "[u]nder article 12 of the Convention, perceived or actual deficits in mental capacity must not be used as justification for denying legal capacity". Since this Bill is being developed as part of Ireland's preparation to ratify that convention, the functional assessment of mental capacity must be replaced by a process of interpreting the will and preferences of the individual. We believe this would ensure that when people need help to make decisions they are supported to do so, rather than having their legal right to make decisions removed.

I must say that it is refreshing. Many Ministers come in and say they will listen to us and take things on board, but do not. We are grateful that the Minister of State has done so. It is an early Christmas present in one sense. It quite unusual for us on this side of the House, in these seats anyway, to have anything we put forward taken on board.