Dáil Éireann Debate, Tuesday - 26 April 2016
228. Deputy Seán Haughey asked the Minister for Justice and Equality her plans to reform the Lunacy Regulation Act; the progress made to date to enact an Assisted Decision Making Bill; if it is intended to abolish the provision prohibiting those with an intellectual disability from having sexual relations; and if she will make a statement on the matter. [8447/16]
View answerSection 7 of the Assisted Decision-Making (Capacity) Act 2015 repeals the Lunacy Regulation (Ireland) Act 1871 and the Marriage of Lunatics Act 1811. As the Deputy will be aware, the Act was signed by the President on 30 December 2015 but has yet to come into force. New administrative processes and support measures, including the setting up of the Decision Support Service within the Mental Health Commission, must be put in place before the legislation comes into force. As indicated by Minister Lynch during the debates on the Bill in the Seanad commencement of this Act is planned for the latter half of 2016.
The Criminal Law (Sexual Offences) Bill 2015 was passed by the Seanad on 26 January this year. When enacted, the Bill will reform Section 5 of the Criminal Law (Sexual Offences) Act 1993 to facilitate the full participation in family life of persons with intellectual disabilities and the full expression of their human rights. Achieving the necessary balance between those rights and ensuring appropriate protection is crucial.
