Legislative Measures

Dáil Éireann Debate, Tuesday - 9 June 2015

Tuesday, 9 June 2015

Questions (578)

Caoimhghín Ó Caoláin

Question:

578. Deputy Caoimhghín Ó Caoláin asked the Minister for Justice and Equality to outline her views regarding the issue of a person who is concerned with section 4 of the Assisted Decision-Making (Capacity) Bill 2013, which relates to non-therapeutic sterilisation; the purpose of said section; if she will outline whether non-therapeutic sterilisation happens in cases where capacity is lacking at present; whether this practice follows international trends; and if she will make a statement on the matter. [22134/15]

Written answers

Minister for Justice and Equality

The purpose of the Assisted Decision-Making (Capacity) Bill 2013 is to support a person to exercise autonomy in terms of decision-making to the greatest extent possible and to put safeguards in place where decisions are made on a person's behalf. Section 4(2)(a) of the Assisted Decision-Making (Capacity) Bill, as published, provides that the High Court shall have jurisdiction relating to every matter in connection with non-therapeutic sterilisation. The provision recognises that any decision in relation to non-therapeutic sterilisation where that might involve a person lacking capacity is of such seriousness as to warrant the jurisdiction and protection of the High Court. I cannot comment on the Deputy's question as to whether non-therapeutic sterilisation happens in cases of persons lacking capacity. That is a matter for my colleague the Minister for Health.