Mary Seery Kearney (Fine Gael) | Oireachtas source

The Minister did not indicate whether IHREC has had a role in this. There is also the question of where we stand in regard to the ratification of the optional protocol to the UNCRPD and whether these amendments will be acceptable in that regard. Do people have a right to take litigation outside the State when there is a cultural bias against people with mental ill-health? That bias is a fact that has been proven again and again. Unfortunately, in some instances, the people who are giving evidence as to how they are being discriminated against are the very people who are not being believed and who, due to their particular condition, find themselves labelled as lacking in capacity. They are in an incredibly vulnerable position and now we have this provision being left in legislation that disempowers them even when they have put a document together and have capacity.

There is a combination of issues, which include denying people the power they could have, our slowness to ratify the optional protocol and our refusal to make provision to empower people within the Bill. The approach is not centred on the very people to whom this legislation is intended to give a voice. We should ensure that the most vulnerable are supported by the legislation and that they have a voice all the time. They do not have a voice and we are managing to codify that deficiency. I am a member of a party of government, which means one takes the hits and votes with the Government even when one personally disagrees with a particular measure. I will find it very hard to do so today but I will do it because I do not believe in suddenly picking and choosing the issues on which one supports one's party. This issue really needs further thought and the opportunity to hear the experiences of people as a consequence of the current situation in the State. It is frightening to be part of a measure that is going to codify further discrimination.