Seanad debates

Wednesday, 28 September 2022

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

 

10:30 am

Photo of Mary Seery KearneyMary Seery Kearney (Fine Gael) | Oireachtas source

I accept that the Minister is just making a point but, for clarification, we should not confuse the two. Yes, it is very important an individual is entitled to make whatever decisions he or she wishes to make and that he or she should be supported in making those decisions. There is an enormous difference between someone making an imprudent decision for themselves and an imprudent decision being made by another person who is entrusted with decision-making and the individual having to live with the consequences of that for the rest of his or her life, along with his or her whole family, which is the case in current circumstances. To ensure we have that absolutely tight and robust, perhaps we will require engagement before Report Stage. To date, where sheer recklessness and negligence have occurred, there have been no consequences. There has been just a moving on to a different system, and those who are left behind are left behind and that is it. That is not right, and I will continue to speak up on those people's behalf because it is necessary. While we are designing a new system, it is important it is absolutely transparent that when decisions are being made on behalf of another individual, there is accountability and redress where the decision is wrong.

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