The principles contained in the Disability Bill have been decided and won't be amended, according to the Minister for Justice, Mr McDowell.
The Minister was speaking before addressing a weekend seminar in Dublin of the NAMHI, the organisation promoting the rights of people with mental disabilities. A number of members of the organisation expressed their disappointment with the proposed Bill. Published several weeks ago, it deals with the provision of services for the disabled.
Speaking to the seminar, which was organised to discuss the question of the legal capacity of people with mental disabilities, Mr McDowell said: "I know there are differences of opinion. It isn't an easy topic. One thing I am determined to do, if it is at all possible, is bring about a practical system that delivers results."
He said he did not want a legally-driven system that "ends up with arbitrary results and puts resources into the hands of lawyers".
He said there would be legislation to deal with the problem of decision-making on the part of, and on behalf of, people with intellectual disabilities.
The Comhairle Bill contained provision for the appointment of personal advocates for people with disabilities, and good practical experience of this system would help in formulating new proposals, he said.
A lot of work was already going on, he said. This included work by the Law Reform Commission and plans from the Courts Service to review the ward of court system. The present situation was unsatisfactory, he said.
"The right of people with intellectual disabilities may be infringed and decisions taken on their behalf could involve abuse or fraud. Families, carers and service providers have no legal authority to make decisions on behalf of adults and could, therefore, be open to challenge where they are endeavouring to make the best decisions possible."
The legislation would not be controlling and would deliver choice, he said. "We first have the problem of how to define intellectual disabilities giving rise to loss of legal capacity. The border between lack of capacity and full capacity must be defined."
Mr McDowell pointed out that the matter was under consideration by the Law Reform Commission. It was considering a tribunal on legal capacity and a new guardianship system for vulnerable adults.
"NAMHI has recommended that there should be a mechanism whereby a person can apply to have a statement of capacity to marry, to make a will, etc.
" This would bring certainty in relation to the will or the marriage. It also implies, however, that such a statement could be refused. We also need to consider the possible damaging effects on a person who might be refused such a statement," he said.