Assisted Decision-Making (Capacity) (Amendment) Act 2022

Amendment of Irish Human Rights and Equality Commission Act 2014

103. The Irish Human Rights and Equality Commission Act 2014 is amended—

(a) in section 10(2)—

(i) by the substitution, in paragraph (e), of the words “the High Court, the Court of Appeal or the Supreme Court” for “the High Court or the Supreme Court” wherever they occur, and

(ii) by the insertion of the following paragraph after paragraph (h):

“(ha) without prejudice to the generality of paragraph (b) or (h), to promote and monitor the implementation in the State of the Convention on the Rights of Persons with Disabilities done at New York on 13 December 2006;”,

and

(b) in section 18—

(i) in subsection (1)—

(I) by the substitution of “functions,” for “functions, and” in paragraph (a), and

(II) by the insertion of the following paragraph after paragraph (a):

“(aa) without prejudice to the generality of paragraph (a), appoint an advisory committee to assist and advise it on matters relating to its functions under section 10(2)(ha), and”,

and

(ii) by the insertion of the following subsection after subsection (3):

“(3A) In the case of an advisory committee referred to in subsection (1)(aa), at least two-thirds of the number of persons appointed under subsection (3) shall have, or have had, a disability within the meaning of section 2 (1) of the Disability Act 2005 .”.