Submission on the Capacity Bill

August 2011

The Oireachtas Joint Committee on Justice invited submissions on the scheme of the Mental Capacity Bill. This new capacity legislation is needed before Ireland can fully adopt the Convention of the Rights of Persons with Disabilities.

Amnesty International is concerned that the scheme as it stands is not compliant with Article 12 of the Convention. Among our recommendations, we are calling for the starting point to be an assumption of capacity; much stronger protections for supported decision-making with the view to people regaining capacity; and an understanding of how this law interplays with the Mental Health Act 2001.

Submission to the Joint Committee on Justice on the Capacity Bill.pdf392.08 KB