Mental Capacity Bill
Why is the Mental Capacity Bill significant?
Protecting rights and ensuring equality
The new Mental Capacity Bill is a major opportunity to protect the rights of people with disabilities to make decisions about their lives. Article 12 of the United Nations Convention on the Rights of Persons with Disabilities says that people with disabilities have a right to equal recognition before the law. This means disabled people have the right to make decisions their lives. But in reality this is not always the case.
Currently if someone has a physical health issue, they have the right to make a decision to refuse treatment, even if the procedure is for a life threatening illness. However, if someone has a mental health issue and is subject to the Mental Health Order they lose the right to refuse treatment. As things stand under the mental health law you do not have the right to refuse treatment. If you have a mental disability or severe learning or intellectual disability you can be treated against your will.
The new Mental Capacity Bill includes a statutory presumption of capacity, which means one must assume a person is able to make decisions about their lives, regardless of whether they have a disability or not. The proposed safeguards included in this Bill will also protect the rights of anyone who is unable to make a decision about their health, welfare or finance.
Setting international standards
The decision to proceed with a Single Bill to reform the Mental Health Order (1986) and introduce new mental capacity legislation will make the Northern Ireland Mental Capacity Bill an innovative piece of legislation - a national and international first.
A lasting legacy
This significant piece of legislative reform will impact on all of us for many years to come. That is why it is so important we get it right.
Unanswered questions
A lot of questions regarding implementation and enforcement remain unanswered.
>>Read our briefing paper(PDF)
>>Read our briefing paper (Word)
Call to action
Disability Action calls on representatives of the Executive and the Assembly to support the Mental Capacity Bill when it is introduced next year.
It will be one of the most significant pieces of legislation to go through the Northern Ireland Assembly.
Priority should be given to protecting the rights and dignity of the people they represent rather than the cost of implementation. It is the right way to do things and you can’t put a price on someone’s right to make a decision about their lives.
