Scott Lynda: Intellectual Disability (Compulsory Care and Rehabilitation) Bill — Instruction to CommitteeCWH In Committee 
Scott Lynda: Intellectual Disability (Compulsory Care and Rehabilitation) Bill — Instruction to CommitteeCWH In Committee 
[Volume:612;Page:9579] 
Dr LYNDA SCOTT (National—Kaikoura) 
: 
 This part covers the principles and general duties. Clause 14 talks about interpreters having to be provided. That is very important when we are talking about someone with an intellectual disability who may have difficulty in communicating anyway. I think that provision brings us back to talking about a definition of normal behaviour and the cultural setting in which it takes place. When any of us travel we are always struck by the different cultural and religious beliefs of the other countries that we travel in. It is important that interpreters are provided to try to get appropriate information. 
We can imagine the situation that occurs if someone is maybe involved in say a car accident and the police turn up and see someone in the car behaving in an unusual manner. That could be because of a head injury that that person has sustained or it could be because he or she has an intellectual disability or has used drugs. The police at the roadside cannot determine what the reason for that behaviour is and people in such situations can sometimes end up in police care where the police have to determine what is causing the behaviour. If we add a language problem to that as well then we have severe difficulty in being able to sort out the cause of somebody’s behaviour. So it is really important that interpreters are provided. 
Under clause 13 we have the statement that the powers are to be exercised with proper respect to a person’s cultural identity and personal beliefs. I am not too sure about the personal beliefs one but certainly the cultural context in which somebody works with his or her language religion and ethical beliefs needs to be taken into account because that may create behaviour that may be unusual to someone of a different cultural belief. Those are some of the clauses that are in this bill. 
We have to look at the individual cases that we have had. I have talked to the police down in Marlborough about the problems they face. The police and our judges deal with the front line and that may also include ambulance staff although ambulance staff probably have more knowledge about intellectual disability than the police sometimes do. But in those situations it is quite difficult to understand why someone is behaving in the way that he or she is. If that person has an intellectual disability then this legislation has to immediately begin to be implemented and that means providing an appropriate assessment of the person and developing a care plan for him or her. 
Under Part 2 we also see the principles governing decisions affecting children and young persons. In the case of people who have an IQ of 70 their intellectual ability remains completely stunted so they do not develop the maturity or social ability to manage in society. It is far easier to be able to manage their care when they are children. It is when a child of 6 then becomes a 6 foot 2 inch man who is extremely strong but remains with the intellectual capacity of a child of 6 that we have had some of the sad cases we have seen in the past that have led to the development of this bill—people like David Stephens and the problems his parents had in coping with him. It is important that decisions affecting children and young persons should where practical be made and implemented within a time frame that is appropriate so that families can move ahead and get a care plan for them. 
Clause 9 talks about secure facilities.