Written answers

Tuesday, 8 July 2014

Department of Justice and Equality

Legislative Programme

Photo of Billy TimminsBilly Timmins (Wicklow, Independent)
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614. To ask the Minister for Justice and Equality the position regarding the Mental Health Commission Annual Report 2013, which states that there are other areas where progress remains slow and is a cause of frustration; the fact that the Assisted Decision Making (Capacity) Bill, published in July 2013, has not been passed; the fact that Ireland’s name remains absent from the list of signatories of the UN Convention on the Rights of People with Disabilities; and if she will make a statement on the matter. [29207/14]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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The Assisted Decision-Making (Capacity) Bill is a far-reaching Bill which provides for a comprehensive reform of the legislation relating to capacity and to decision-making by persons who have difficulty in making decisions unaided. What has been proposed in this Bill represents international best practice. Nonetheless, international legislation in this area is rapidly evolving and new approaches are being developed all the time. This has necessitated extensive consultation on the Bill. The Bill’s publication in July 2013 was followed in September by a consultation symposium organised by my Department, by the Dáil Second Stage debate in December 2013, and by a second consultation process undertaken by the Joint Oireachtas Committee on Justice, Defence and Equality, in Spring 2014.

All of these processes identified areas of the Bill which required amendment to ensure a better fit with the requirements of the UN Convention on the Rights of Persons with Disabilities and the European Convention on Human Rights. Amending provisions are being drafted by the Department in tandem with the Office of Parliamentary Counsel. These will be introduced at Committee Stage which is currently awaited. In addition, provisions on Advance Healthcare Directives will be incorporated at Committee Stage. The aim is to enact the legislation this year.

As the Deputy is no doubt aware, the Assisted Decision-Making (Capacity) Bill is one of the core elements of the remaining work to be completed to enable ratification by the State of the UN Convention on the Rights of Persons with Disabilities. The Government intends to proceed to ratification of the Convention as quickly as possible, taking into account the need to ensure all necessary legislative and administrative requirements under the Convention are met.

An interdepartmental committee on the Convention is reviewing the remaining legislative and administrative actions required to enable ratification. As part of its work programme, the committee has identified issues to be considered by various Departments and examination of these issues is ongoing. At the request of the committee, the National Disability Authority, the lead statutory agency for the sector, is also assisting in assessing remaining requirements for ratification to ensure that all outstanding issues will be comprehensively addressed. As the Deputy may be aware, Ireland does not become party to treaties until it is first in a position to comply with the obligations imposed by them, including the amendment of domestic law as necessary.

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