Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (Resumed)
Seanad Éireann — 2022-10-06
============================================================

Fintan Warfield (SF), Cultural and Educational Panel

I move amendment No. 46:
In page 61, lines 9 and 10, to delete all words from and including “Section” in line 9 down to and including line 10 and substitute “Section 89 of the Principal Act is amended by the deletion of subsection (3)(b)(ii).”.
The Bill retains discrimination against pregnant people who should have their AHD. The Minister committed to resolving this issue during pre-legislative scrutiny and the passage of the Bill through the Dáil but the amendment made continues to treat a person's AHD differently once the person becomes pregnant. Pregnancy should not impact on an AHD and it should be within the decision-making powers of the directive maker to stipulate if something is not to apply in the event of pregnancy. Women and people who can get pregnant deserve the security of knowing that the directive will not protect them less if they become pregnant, and that their will and preferences will be respected in all circumstances.

---

Source: Houses of the Oireachtas. Licensed under CC BY 4.0 (https://creativecommons.org/licenses/by/4.0/). The Official Report is revised after first publication; the fetch timestamp below identifies the version quoted.

Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/seanad/2022-10-06/debate/main
Retrieved: 2026-08-14T04:51:08+00:00
Sitting date: 2022-10-06