Seanad debates

Thursday, 6 October 2022

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

 

10:30 am

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

I accept, with regard to amendment No. 76, that the wording is imperfect. To return to our discussion of last week, I have a slight concern that we will bring in legislation, the raison d'être of which is to ensure that people's voices are heard, which, owing to the review of the Mental Health Act, is imperfect because it cannot include everything it would and should include. In that context, we relied on IHREC to merely make a submission, rather than having a proactive engagement with its representatives, in the creation of this legislation. We talked last week about whether there was actual engagement and I did not hear an affirmative answer to that question. From that perspective, given that the function of this entity is to ensure we comply with our international obligations, we should have proactive engagement with its representatives, rather than relying on it to send in a submission in the context of a public consultation or call for submissions. IHREC should have a more engaged role, almost a statutory one, and that is part of what is behind this amendment. I support the spirit of the amendment, although the wording is imperfect.

I acknowledge that the Minister is considering the change proposed in amendment No. 77. This is important. If we are going to live by the adage, "Nothing about us without us", having a committee with a majority of people with a disability, rather than their allies, family members and otherwise, would truly live up to that obligation. It would be an excellent thing for us to do.

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