Written answers

Tuesday, 9 June 2015

Department of Justice and Equality

Legislative Measures

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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578. To ask the Minister for Justice and Equality to outline her views regarding the issue of a person who is concerned with section 4 of the Assisted Decision-Making (Capacity) Bill 2013, which relates to non-therapeutic sterilisation; the purpose of said section; if she will outline whether non-therapeutic sterilisation happens in cases where capacity is lacking at present; whether this practice follows international trends; and if she will make a statement on the matter. [22134/15]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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The purpose of the Assisted Decision-Making (Capacity) Bill 2013 is to support a person to exercise autonomy in terms of decision-making to the greatest extent possible and to put safeguards in place where decisions are made on a person's behalf. Section 4(2)(a) of the Assisted Decision-Making (Capacity) Bill, as published, provides that the High Court shall have jurisdiction relating to every matter in connection with non-therapeutic sterilisation. The provision recognises that any decision in relation to non-therapeutic sterilisation where that might involve a person lacking capacity is of such seriousness as to warrant the jurisdiction and protection of the High Court. I cannot comment on the Deputy's question as to whether non-therapeutic sterilisation happens in cases of persons lacking capacity. That is a matter for my colleague the Minister for Health.

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