Seanad debates

Tuesday, 15 December 2015

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

 

11:30 am

Photo of Denis O'DonovanDenis O'Donovan (Fianna Fail) | Oireachtas source

This Bill may not be perfect. As somebody who has been involved in the legal profession for years I know that one can never get a Utopian or perfect scenario. As I said on the last occasion I spoke here, particularly on the issues raised by Senator van Turnhout, I concur with her that this legislation is a whole lot better than what we have had and is a big step in the right direction. Inevitably, legislation will be amended and changed. Perhaps the next Government or the one after will say, "Look, this isn't working so we can change it."

What has been achieved here today is historic and is an important step in the right direction. Some of the issues that have been reformed in this Bill date back 150 years so today's legislation is welcome. I thank the Minister of State and her officials for the work they have put into the legislation. I tabled many amendments on Committee Stage and my colleague, the Acting Chairman, Senator Wilson, in my absence last week due to personal reasons, helped to move them forward. We have had tough debates on some of the issues but the Bill is better for our debates.

This Bill is major legislation. To my knowledge, all legislation that has ever been enacted has been amended, changed and strengthened. This Bill is a significant achievement for this House, the Minister of State and her backroom people and advisers. It may not be inch perfect but it is a whole lot better than what existed ten, 20 and 30 years ago, which in itself is a huge step. All of the people seated in the Visitors Gallery have fought for this legislation and raised issues with us all. They deserve a particular bualadh bos for their tremendous efforts.They pushed the Minister of State, not that she has needed pushing on this issue, and pushed all of us to get this done. It is a wonderful achievement in the area of mental capacity. I am pleased we are in the position we are in tonight.

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