On 15 October 2025, the National Advocacy Service for People with Disabilities (NAS) was invited to address the Joint Oireachtas Committee on Disability Matters. Speaking on the topic of ‘Autonomy and Integrity for persons with disabilities’ and focusing on the progress in discharges from wardship, Joanne Condon, NAS National Manager, and Suzy Byrne, Regional Manager for Greater Dublin, delivered a powerful message about the importance of upholding human rights at the core of law and policy.
“The theme of autonomy and integrity is not abstract for us—it is the lived reality of the people we support every day,” said Joanne.
NAS highlighted the practical challenges and systemic issues arising since the Assisted Decision-Making (Capacity) Act 2015 came into effect in April 2023. Since then, NAS has supported 3,097 individuals, with nearly a quarter (24%) of cases involving direct advocacy related to decision-making. These include:
- 522 expressions of will and preference
- 130 decision-making representative orders
- 74 cases involving discharge from wardship
“Advocacy changes outcomes, but it also changes systems,” Suzy told the Committee. “It highlights where rights are not realised, where choices are not respected, and where reform is still needed.”
Despite the clear benefits of the Act, NAS expressed concern that guiding principles like presumption of capacity and proportionality are not always followed in practice—sometimes replaced by outcome-driven approaches or over-medicalised assessments.
Key Recommendations from NAS:
- Sustain and strengthen independent advocacy with urgent investment.
- Ongoing training for health, legal, and social care professionals.
- Person-led and resourced transitions from wardship.
- Expanded public awareness about rights and the Act.
- Include people with disabilities in oversight and reform processes.
- Undertake an interim review of the Act to ensure its guiding principles are truly being applied.
Joanne and Suzy also raised concerns about unequal capacity assessment processes, delays in transitions out of wardship, and the lack of formal involvement for advocates in proceedings.
“The Act must not become a technical exercise,” Joanne stressed. “If we focus only on compliance and forget the human rights intent, we risk rebranding old systems under a new language.”
NAS concluded by urging the Committee to embed the UNCRPD and the Act’s guiding principles into every level of implementation—through investment, training, public education, and meaningful cultural change.
“Implementation is more than enacting legislation. It requires courage, leadership, and a shared commitment to autonomy and dignity,” Joanne said in closing.