If I may briefly speak to the point, it is important to note that in this Bill we are legislating for IHREC to be the monitoring body of our nation's implementation of the convention. IHREC is central to how this legislation and, indeed, how the CRPD will be implemented in this country, as per section 95. Notwithstanding what has been raised regarding the consultation - and I accept the earlier point about it being held over Christmas - IHREC will be central to this and we are legislating to ensure that.

I will consult my team on the issues raised today. I may be in touch with the Leader's office on the scheduling for next week.

I thank the Senator for raising this important matter and welcome the opportunity to update the House on progress to ban the practice of so-called conversion therapy. As we know, Ireland has become a proud, progressive and modern State that cherishes all people equally. We have made great strides in recent decades to promote equality and respond to the needs of a diverse population. We have a strong record as a champion of human rights internationally and have been at the forefront of advancing equality for LGBTI+ …

So-called conversion therapy is a deeply secretive practice. From what I have heard, conversion therapy solely works on the notion of shame and shaming the person who is gay, trans or whatever, and builds on that shame. The reason people do not know about conversion therapy is because it is done in secret. I feel that it is important when drafting legislation that we have a clear basis to say that there are very real people, though not a huge number, for whom conversion therapy has had an immense negative impact on…

I thank the Senator. I appreciate his raising this important issue. I am happy to provide an update on behalf of the Minister, Deputy Harris, on Funding the Future and the implementation of a sustainable model for the future funding of higher education. The Minister, Deputy Harris, launched the Funding the Future framework, along with the Minister of State, Deputy Collins, on 4 May. The policy is a response to the Cassells report and the Directorate General for Structural Reform Support, DG REFORM, reviews on the f…

I thank the Senator. The Government has also committed to continuing to address the cost of participation in third level education so that every person in our country can fulfil his or her potential and no person is denied access to education because cost is a barrier. In budget 2023, in recognition of the cost-of-living challenges faced by students paying the full student contribution fee, we have introduced a once-off reduction of €1,000 for the academic year 2022-23. This additional support towards tuition fees …

I hear what Senator Conway is saying about the importance of this scheme and I am pleased to have the opportunity to update the House on this matter on behalf of the Minister for Further and Higher Education, Research, Innovation and Science. Bookshare Ireland is the National Council for the Blind in Ireland's accessible digital library for people who are blind or vision impaired. The NCBI's library team supports requests to provide accessible reading material in a variety of digital formats to students with print …

As someone who is a big reader and loves to read, the image created by the Senator of a library with 90% of the shelves vacant is one that resonates very strongly with me. It recognises the hugely valuable service provided by Bookshare. It is a new service that opens up access to literature, fiction and education for those with a visual impairment. There is a proposal with the Minister for Further and Higher Education, Research, Innovation and Science. I am happy to raise the Senator's concerns with him. There is n…

Amendments Nos. 1 and 2 provide for the inclusion of new subsections that simply reflect how the Credit Union Act 1997, the National Disability Authority Act 1999 and the Mental Health Act 2001 shall be construed following amendments made to those Acts in the Assisted Decision-Making (Capacity) (Amendment) Bill. I wish to speak also to amendment No. 58, which is a Government amendment in the group. Amendment No. 58 proposes changes to the application of the 2015 Act, including decision support arrangements and the …

In regard to the work being undertaken by the Department of Health on the reform of the Mental Health Act 2001, heads of Bill were published earlier this year. My understanding is they have gone or are going through the pre-legislative scrutiny process with the committee. Once that pre-legislative scrutiny process is over, the outcome will influence the final draft that will be brought to Cabinet. The process is advanced and we are awaiting the final draft of the legislation to come to Cabinet. I can seek a little …

The focus of the Government on delivering reform of that legislation is demonstrated by the heads of Bill that have been passed by the Cabinet and gone forward for pre-legislative scrutiny. We all know legislation takes a while to complete. We have gone through a number of lengthy Bills in this House that have taken some time. Once the heads of a Bill are agreed and the pre-legislative scrutiny process is finished, a good part of the work is done. The reform of the 2001 legislation is vital for a range of areas. Th…

I am happy to engage further with Senators on these amendments. The reason the Bill was not passed before the summer was to allow for a pause in which we engaged extensively over the summer with the Office of the Attorney General and the Department of Health on this specific matter. There was a focus, in particular, on the issues that arise when people are detained under the Mental Heath Act and the basis for their detention is that they are a risk to themselves or to somebody else. We looked at people's ability in…

I would not agree with the analogy that Senator McGreehan used. We are dealing with legislation that is long overdue. I still do not have a clear understanding why the 2015 Act was not initiated or used. However, I have been given the job to do that and that is what I am seeking to do in this amending legislation. Some very legitimate concerns have been raised about one element of this legislation. My Department and I have listened to them in terms of slowing the process, undertaking engagement and looking to see h…

The proposed amendment seeks to delete provisions that were made as amendments on Report Stage in the Dáil. These provisions clarify the intersection of the inherent jurisdiction of the High Court and the 2015 Act. It is important to note that these provisions do not create new powers for the High Court. The court possesses a constitutional role as the guardian of constitutional rights and it is not the power of this or any other House to remove that jurisdiction. Pending the delivery of dedicated legislation on th…

I am speaking specifically here, by leave of the Chair, to amendment No. 4 by way of a discussion on the section. That amendment seeks to replace section 3 of the 2015 Act, which sets out the functional capacity model, with a replacement text on legal capacity. The amendment mixes two separate provisions. As Senator Warfield is aware, the Assisted Decision-Making (Capacity) Act 2015 provides for a presumption of capacity in section 8(2) dealing with the guiding principles. Section 8(7) already requires an intervene…

Some important points were raised. Cultural change is something we discussed to a great extent in respect of other legislation, the Birth Information and Tracing Act, which is very much about moving away from a hierarchical, patriarchal model of decision-making. How is that changing in this legislation? I briefly mentioned the principles section in section 8 of the 2015 Act, the original Act. To further my understanding, I find it useful to consider the Act as a whole, rather than a specific section, and also the n…

This amendment seeks the introduction of a new subsection under section 8 of the 2015 Act which sets out the guiding principles to be followed regarding an intervention being made in respect of a relevant person. The amendment seeks to have the guiding principles interpreted in line with the United Nations convention and, in particular, Article 12 and general comment 1 of the UN committee on the CRPD. While recognising the proposed amendment is well-intentioned, my position has not changed since earlier Stages and …

I will speak to these amendments generally. These amendments will allow for the DSS to conduct a review of a complaint received prior to undertaking a formal investigation. This will reduce the requirement for the DSS to automatically undertake an investigation on each and every occasion a complaint is made in favour of allowing a more flexible approach which will give discretion to the director to determine where a full investigation may or may not be warranted, based on the circumstances and merits of each indivi…

As the amendment was ruled out of order, we did not give it the usual detailed consideration. Senator Mullen spoke about children . I want to recognise there are many parents whose children are now adults. It is worth remembering that the legislation does not apply to minors; it only applies to adults. We have to acknowledge the concern of parents of adults who have an intellectual disability. The legislation allows for the appointment of court friends. It allows for the help of anyone with a bona fide interest in …

This amendment will provide for a single capacity assessment under section 29 of the 2015 Act in line with other capacity assessments required under Part 4. This will ensure that only one statement of capacity is required, either by a registered medical professional or a class of healthcare professional to be prescribed by regulation. This will reduce the number of capacity assessments required under this part. The amendment is further to the reduction of capacity assessments made on Report Stage in the Dáil. It wi…