Mary Seery Kearney (Fine Gael) | Oireachtas source

For some of the reasons the Minister outlined, I do not support the amendment but I know and agree with what the Senators are getting at. Maybe the best way I could address the issue would be to ask how we will supervise the use of the functional test. A very strong recommendation of the committee following the pre-legislative scrutiny was that the functional test be removed. This is because it speaks of a medical model rather than a social model or a model that is absolutely person centred. I understand the need for the test in some instances but it seems to be a relic of a former system that needs to be reviewed. Without the UNCRPD, there is some impotence in that the person has no recourse to somewhere outside the State to review the implementation process and whether the entire system is actually person centred and supports the individual's needs. Therefore, I have concerns about the safeguards included to ensure the needs of the individual are safeguarded. Unfortunately, if there is a dispute after the event, an individual who may have been ill, perhaps for a brief period, will have to give evidence along with individuals who may be medical practitioners of various sorts. It is very difficult to dispute how a test was carried out in the aftermath. How do we ensure cultural change where there is a vulnerable person, alone in their circumstances, being completely disempowered?