Seanad debates

Tuesday, 15 December 2015

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

 

11:30 am

Photo of Kathleen LynchKathleen Lynch (Cork North Central, Labour) | Oireachtas source

First of all, I thank everyone who has been involved in the formulation of this Bill. It has been a long time on the go. It is four years since we came to the Houses with it. Not only that, there have been two years of continuous consultation. I know they get embarrassed, but do Senators know how great these officials are? After five hours last week, they came out and said to me that the debate was very interesting. I know that was not what they were thinking, but they still said it.They would still say it. They are exceptional people, and sometimes we forget that they were the ones who held consultations and produced what we have passed. It bears no resemblance to the Bill as first published. The Title, contents and argument have changed. As people have said, things will change into the future. Surely the essence of what we are is that we will continue to learn, realise what we do, and do not do, well and what we should, and should not do, more of.

The first time this issue came to my attention was through Inclusion Ireland, represented by Jean Spain and Deirdre Carroll. I cannot but commend Patricia Rickard-Clarke on her exceptional work. She promoted the Bill constantly and explained its purpose, consequences and all the rest.

I met a young woman with mobility problems who used a wheelchair. She explained to me that when her family was given respite, she went into a nursing home. She asked me why she should have to leave her family home. That is the essential point of the Bill. Individuals have the right to make different decisions themselves, not for others. Why could that young woman not say she would prefer to stay at home with support rather than having to leave what she is familiar with? That type of experience tells us we must do better.

I am straying into the area of report cards and all the rest, but we must do better and be more open. We must be like sponges, that is, open to the suggestions made by others. I only object to something when I am absolutely convinced that something is not the right thing to do at a particular time - it may be the right thing to do next year. The question is often posed as to when one should change one's mind, and the answer is when the evidence changes. That should be the position for everyone.

Before work on the Bill commenced, I referred to it as the "Does he take sugar legislation?". The phrase implies that a person with a mobility, disability or intellectual disability could not speak for himself or herself or engage with others. The Lunacy Regulation (Ireland) Act, the Marriage of Lunatics Act and other legislation will be repealed. I am sure such terms were perfectly normal at one time, but times change, things move on and we do different things. Our attitudes to others and society change.

Senator Ó Clochartaigh and I will never agree about economics.

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