Seanad debates

Tuesday, 29 November 2022

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

 

1:00 pm

Photo of Erin McGreehanErin McGreehan (Fianna Fail) | Oireachtas source

Like other Senators, I am anxious to get the Bill through. As Senator Seery Kearney stated, every week, people are being made wards of court. We have to put an end to that desperate system. As has been noted, discrimination is built into the Bill as it stands. That is unfortunate, and it is upsetting for many people. People contacting my office on this matter are upset and afraid. They have an inherent mistrust in the system. They can see this discrimination. The clear lack of uniformity, with some aspects of the Bill going against the UN Convention on the Rights of Persons with Disabilities, UNCRPD, is further ingraining that mistrust of the system. We must be able to trust medical staff and that the system will work for the individual rather than for itself. We must build that care, trust and belief within people with whatever conditions, as well as in the context of AHDs. I am concerned that the Bill is putting fear into people. I know that is the complete opposite of what the Minister wants to do.

I stress that we must have movement on the mental health Bill. We are doing half a job here. It is unfortunate that we are putting this legislation through. It is not where we want it to be. We have wanted this legislation for so long, yet it is not all it needs to be. Discrimination is built into it and we need to work together to ensure discrimination is taken out of the Bill as we move into 2023 and get the new mental health Bill passed. I would love to hear the thoughts of the Minister on how to proof the Bill. It is not proofed for the UNCRPD. If a court of law was going through the articles in that regard, the State would be on the losing side.

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