New local legislation has ‘potential to set international standard’
01 September 2010
Delegates at a Belfast seminar on Mental Capacity Law Reform in Northern Ireland heard today that proposed new legislation has the potential to set an international standard as well as protect the dignity and rights of all people who at any time in their lives may have impaired decision making capabilities.
Organised by Chambré Public Affairs, in association with Disability Action's Centre on Human Rights, people with disabilities and representatives from the disability, human rights, legal, health and social care sectors, heard firsthand the Department of Health, Social Services and Public Safety’s (DHSSPS) proposals to reform current local mental health legislation and develop new mental capacity legislation in a new single Mental Capacity Bill.
With people’s autonomy and equality at the heart of the legislation, Linda Brown, the Deputy Secretary of the DHSSPS explained that the proposed legislation will bring innovative long-term legislative change to Northern Ireland and will make a real difference to people’s lives.
“Through this legislation, we have a real opportunity to bring long-lasting positive benefits to our society in terms of the enhancement of individual care and protection; and the protection of dignity, human rights and public safety,” she said.
The proposed legislation, that is due to be considered after next May’s Assembly election, came out of the 2007 Bamford Review of Mental Health and Learning Disability in Northern Ireland. The independent review looked at the law, policy and provisions that affect people with mental health needs or a learning disability.
The Review Committee’s Deputy Chair, who chaired the Seminar, is Professor Roy McClelland who said that proposed legislation has the potential to set an international standard.
“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,” Professor McClelland explained.
“A Single Bill aims at insuring that everyone will be treated on an equal basis under the new legislation and provides a sound ethical basis for meeting the needs of all citizens with impaired decision making,” he continued.
People’s capacity to make decisions may be affected at different stages of their lives and for many different reasons – because of a brain injury, mental health or learning disability or the onset of dementia, for example.
Dr Colin Harper, Disability Action’s Centre on Human Rights Manager explained that the new law will promote people’s autonomy and their right to make decisions for themselves in relation to their own health and welfare where they have the capacity to do so and protect the rights and interests of those who do not.
“This significant piece of legislative reform will impact on Northern Ireland’s society for many years to come. That is why it is so important to get it right first time around. Disability Action encourages people to respond to the Department’s consultation, which will inform the Minister and the Executive’s final decision on the proposals.”
Chambré Public Affairs Managing Director, Will Chambré, explained that today’s event was an important opportunity for those seeking to influence the public policy agenda, as the Seminar coincided with the DHSSPS’ Equality Impact Assessment on its proposals for the development of the Mental Capacity (Health, Finance and Welfare) Bill.
“The significance of events like this that act as a forum for stakeholders to discuss the impact of new legislation, like the Mental Capacity Bill, can not be overstated,” Mr Chambré said
"Working with Disability Action to bring such a distinguished panel together to facilitate debate and greater understanding will help inform the Equality Impact Assessment of the draft legislation. It is also an important part of the democratic process, especially for such innovative and far reaching piece of legislation like this Bill,” he continued.
For further information on the DHSSPS' Consultation on its Equality Impact Assessment of proposals for Mental Capacity (Health, Finance and Welfare) Bill, click here.
