Assisted decision-making legislation
Gerry Adams asks about reform of outdated capacity law and ratification of the relevant international convention. The Taoiseach says the Bill is due to complete Report Stage and proceed to the Seanad.
The Assisted Decision-Making (Capacity) Bill 2013 is to update and reform our outdated law which governs decision making by people whose capacity may be impaired. It is also intended to replace the Lunacy Regulation (Ireland) Act 1871, which is the basis for most of our system. We need a clear legal framework which guarantees that citizens with impaired mental capacity have rights. The 2013 Bill would bring the State into greater agreement with international best practice. Dáil Committee Stage of the Bill was completed in June and it is due before the Dáil this week. Does the Taoiseach expect it to be enacted before the end of the year?
The Government has given a very clear commitment that it will incorporate the United Nations Convention on the Rights of Persons with Disabilities into domestic law. However, in order to do so, other regulations have to be put in place. Standards the convention demands include legislative changes on mental capacity, sexual offences, mental health legislation and reasonable accommodation. Given that it is five years on, does the Taoiseach expect the necessary legislative work to be completed and does he realistically expect the programme for Government commitment to sign up to the UN Convention on the Rights of Persons with Disabilities will be achieved?
Comment on this
I am glad the Deputy raised the question. I do not say this as a cliché; it is an important point. Ireland signed the convention in 2007 but has been unable to ratify it because pieces of legislation must be put through. This morning, the Government approved the road map for those pieces of legislation. The first one, Assisted Decision-Making (Capacity) Bill, is on Report Stage tomorrow. It should be finished tomorrow and then be referred to the Seanad. It is important to mention the other related pieces of legislation. The Department is working on a general scheme of a mental health Bill which will be published next year. Work is under way on replacing section 5 of the Criminal Law (Sexual Offences) Act 1993 and enactment is expected in early 2016. The amendment to section 4 of the Criminal Law (Insanity) Act 2006 to address the discriminatory treatment of persons whose decision making capacity is in question. On the deprivation of liberty, legislative clarity is required on nursing homes and similar residential care facilities which have statutory responsibility for a decision that a patient should not leave for health and safety reasons and the appeals processes that should be in place. Section 42 of the Electoral Act 1992 regarding the ineligibility of a "person of unsound mind" to stand for election will require careful consideration and the position must be published. Given that the term "person of unsound mind" is gone, the legislation must be dealt with. Ireland has taken the view that we should publish and deal with the necessary legislation before we ratify the convention, and this is set out in the road map we approved today.