Dáil Éireann Debate, Thursday - 5 March 2015
164. Deputy Anne Ferris asked the Minister for Justice and Equality if she will commit to providing personal advocates to all Magdalen survivors who are deemed to lack capacity, whether they are living in institutional settings, in the care of the relevant religious orders or in the community. [9863/15]
View answerI can advise the Deputy that women who were in the Magdalen Laundries are already covered under section 21 of the Nursing Home Support Scheme Act 2009 which makes provision for persons to act as care representatives in respect of any person applying for support under that Act.
The Assisted Decision Making (Capacity) Bill 2014, which is awaiting Committee stage in the Dáil, will provide important new options for those women who have capacity issues. This Bill provides for a range of options including decision making assistants, co-decision makers, decision making representatives and the public guardian which are well suited to look after the best interests of the women who were in Magdalen Laundries and have capacity issues.
My Department is looking at options with regard to the provision of advocacy and my officials are currently in discussion with the Citizens Information Board and will have further discussions with the Department of Social Protection on this issue. The advocacy services provided by the National Advocacy Service of the Citizens Information Board is provided for in the Citizen's Information Act 2007.
It is important to note that a personal advocate has very limited powers with regard to a person who lacks capacity. A personal advocate does not have power of attorney, to make decision or otherwise to manage the affairs of the person. That is why the provisions of Assisted Decision Making (Capacity) Bill 2014 will be so important.
My officials are careful to ensure that applicants do have the necessary capacity to understand the scheme and sign the relevant legal documentation and they cross check with other Departments to establish if there are any issues. A medical assessment is sought if there is any indication that an applicant under our scheme has capacity issues. We have identified about 40 such women to date and are delaying payment until proper safeguards are in place.
