Seanad debates

Wednesday, 28 September 2022

Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage

 

10:30 am

Photo of Fintan WarfieldFintan Warfield (Sinn Fein) | Oireachtas source

I thank the Acting Chair for his patience. The idea behind the amendment was that now that we have ratified the CRPD, embedding an explicit requirement for the courts to interpret the Act in a manner that gives effect to the convention strengthens the potential for the Act to be interpreted in a manner compatible with Ireland's human rights obligations. The Act was continually referred to by successive Ministers during its development as being an essential part of Ireland's preparation to ratify the UN convention. Inserting this amendment recognises that best practice in this field is continually evolving. It reaffirms Ireland commitment to refine and reinterpret our laws in a manner consistent with our human rights obligations. Introducing this amendment signals Ireland's commitment to a progressive and evolving interpretation of the principal Act in light of emerging understandings of human rights law.

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