Dáil Éireann Debate, Wednesday - 24 March 2021
1090. Deputy Violet-Anne Wynne asked the Minister for Children, Equality, Disability, Integration and Youth the legislation currently being considered by his Department in respect of the outstanding legislation that is needed for the implementation of the UNCRPD; the stages of preparation they are at; the timeframe for bringing forward the legislation; and if he will make a statement on the matter. [15148/21]
Amharc ar fhreagraThere are two pieces of legislation that my Department is currently preparing in relation to the UNCRPD - the Assisted Decision-Making (Capacity) (Amendment) Bill and the Disability (Miscellaneous Provisions) Bill - both of which I aim to have commenced in 2022.
The Assisted Decision-Making (Capacity) Act 2015 (the 2015 Act) reforms the law in Ireland so that it conforms to the United Nations Convention on the Rights of People with Disabilities (UNCRPD) in relation to support a person to exercise their decision-making capacity to the greatest extent possible.
Before I can fully commence the 2015 Act, an Amendment Bill is required which is currently in preparation. The aim is that this Bill would be enacted by year end and would resolve technical issues in the 2015 Act and provide further safeguards for wards. In the meantime, I will commence any sections of the 2015 Act that I can, bearing in mind the interconnectedness of the 2015 Act. Last month I commenced section 7(1) which repealed the Marriage of Lunatics Act, 1811, and allows adults in wardship to marry if they have capacity to do so.
The Disability (Miscellaneous Provisions) Bill provides for the monitoring structures that will apply with regard to the Convention on the Rights of Persons with Disabilities. The aim is that it should be enacted by year end.
Separately, the Minister for Health holds responsibility for legislation in relation to deprivation of liberty.
