Rónán Mullen (Independent) | Oireachtas source

I would also like to speak to the section because of the particular issue Senator Clonan has raised. Once again, we find ourselves in a situation whereby the dreaded Standing Order 41 interferes with the ability of Members to put down substantive amendments which deserve to be considered. It would have been appropriate that Senator Clonan's amendment be dealt with because it relates to a proposal from the Joint Committee on Children, Equality, Disability, Integration and Youth, the committee relevant to the Minister's Department, recommending independent advocates in certain situations.

The reason it did so was that many parents of adult children with an intellectual disability have concerns that their children, as relevant persons, could be subjected to undue influence in making decisions under sections 10 or 17 of the principal Act. I encourage Senator Clonan to consider bringing forward his amendment on Report Stage, or at least raising the issue again on Report Stage. Perhaps the Minister might consider it. That might be a more relevant request. In advance of Report Stage, we could examine whether it would be appropriate to appoint an independent advocate in certain situations. Such a person would assist regarding the appointment of a decision-making assistant under a decision-making assistant's agreement under section 10 of the Act or the appointment of a co-decision maker under section 17. Such a person would assist the relevant person.

I mentioned the committee recommended that the Bill provide for independent advocates. I understand it might have been recommendation No. 35. What we are talking about arises in particular in the context of intellectual disabilities. As we all know, Senator Clonan is very well qualified to speak on this issue, and more qualified than I am, but I am very happy to support his very laudable agenda in these matters. Parents of adult children have concerns that children could be exposed to undue influence in regard to appointing decision-making assistants or co-decision makers. The appointment of an independent advocate as a sort of external eyes and ears might alleviate the concerns of parents in these situations.I note that section 100 of the 2015 Act already provides for the appointment of a court friend. An independent advocate would play a similar role to the functions envisaged for that person. In light of the recommendation that came from the joint committee, I ask the Minister to engage on this issue now or commit to engaging on it in advance of Report Stage. Perhaps the issue was dealt with in the Dáil. I do not know. I would be very interested to hear the response of the Minister.