Irish Human Rights and Equality Commission Addresses Oireachtas Members
The Irish Human Rights and Equality Commission (“The Commission”) has this evening told Members of the Oireachtas Joint Committee on Children, Equality, Disability, Integration and Youth that “For far too long we as a State have put up with a system of wardship, which is detached and divergent from any contemporary understanding of the concept of personal autonomy.” Commission Member Adam Harris and Dr Iris Elliott, Head of Policy & Research, addressed Oireachtas Members and outlined the Commission’s recommendations on the Pre-legislative scrutiny of the General Scheme of the Assisted Decision-Making (Capacity) (Amendment) Bill 2021, which will bring about an end to the current system of Wardship. The Commission raised particular concerns over current weaknesses in the proposed legislation, raising a number of points. The Mental Health Act 2001, for example allows for a full right of appeal, but this Bill only allows for a limited appeal on the many decisions that can be made on capacity and related issues. Another area of concern is that the Bill is unclear on how Relevant Persons will be able to access legal representation. This compares unfavourably with the Mental Health Act 2001 that affords involuntarily detained persons a legal representative by way of statutory right. The Commission has also asked legislators to examine in this draft law how wards themselves will be kept fully informed of the changes to be effected to their wardship regime. In his opening address to the Oireachtas Joint Committee, Adam Harris, Commissioner of the Irish Human Rights and Equality Commission stated:“The move to a rights-based approach, with respect for the will and preference of the person is long overdue. Offensive legislative language of lunatics and lunacy must be dispatched to the dustbin of history, replaced by a recognition of disabled people’s rights, and viewed through a lens of dignity, agency and participation.”The Commission, while welcoming the formalisation of its role as Independent Monitor of Ireland’s obligation under the Convention on the Rights of Persons with Disabilities (CRPD), stressed the need for meaningful participation of disabled people in this pre-legislative scrutiny, and in a continued exchange on the development of and implementation of this legislation. ENDS/ For further information, please contact: Brian Dawson, IHREC Communications Manager, 087 0697095 bdawson@ihrec.ie Follow us on twitter @_IHREC