Written answers

Tuesday, 10 March 2015

Department of Justice and Equality

Legislative Measures

Photo of Niall CollinsNiall Collins (Limerick, Fianna Fail)
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311. To ask the Minister for Justice and Equality when the Assisted Decision-Making (Capacity) Bill 2013 will be taken at Committee Stage, in Dáil Éireann; the reason for the delay in progressing this Bill; and if she will make a statement on the matter. [9992/15]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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My Department is currently preparing amendments for the Dáil Committee Stage of the Bill to respond to issues raised in submissions to my Department and to the Joint Oireachtas Committee on Justice, Defence and Equality. The aim is to strengthen the safeguards contained in this legislation so that persons with capacity difficulties can exercise decision-making autonomy to the greatest extent possible.

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 that the Bill would comply more closely 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 my 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. My aim is that the Bill will be enacted this year.

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