IPRT Submission on the General Scheme of the Assisted Decision-Making (Capacity) (Amendment) Bill 2021

21st January 2022

IPRT welcomed the opportunity to make a very brief submission to the Joint Committee on Children, Equality, Disability, Integration and Youth on the general scheme of the Assisted Decision-Making (Capacity) (Amendment) Bill 2021 (‘the 2021 Bill’). In doing so, we hope to highlight the needs of people with disabilities in prison and engaged with forensic mental health services in Ireland, and to ensure that this cohort is not forgotten as preparations are made to fully commence the Assisted Decision-Making (Capacity) Act 2015 (‘the 2015 Act’) and operationalise the Decision Support Service (DSS).

Our submission makes two general recommendations:

1. The Committee should consider the situation of people with disabilities in prison, who might need to avail of decision-making supports while detained, and make any legislative amendments needed to provide such supports.
2. The Committee should ensure that the 2021 Bill vindicates the rights of all people engaged with secure forensic mental health facilities and/or detained in the Central Mental Hospital, and provide such individuals with full access to decision-making supports as needed.

Read the IPRT Submission on the General Scheme of the Assisted Decision-Making (Capacity) (Amendment) Bill 2021 here, or download it below.