Dáil Éireann Debate, Tuesday - 26 July 2022
1407. Deputy Mark Ward asked the Minister for Children, Equality, Disability, Integration and Youth if he will provide an update on the constitutional challenge by a ward of court as referred to by him during the pre-legislative scrutiny of the Assisted-Decision Making (Capacity) Act 2015; and if he will make a statement on the matter. [41537/22]
View answerA constitutional challenge has been taken against the State in relation to both the Marriage of Lunatics Act 1811 and the Lunacy Regulation (Ireland) Act 1871, which underpins wardship in the State. The case raises issues in relation to the rights of intellectually disabled persons, and the State's implementation of its obligations under the UN Convention on the Rights of Persons with Disabilities.
The Marriage of Lunatics Act 1811 was repealed by Statutory Instrument on 1 February 2021, but the Assisted Decision-Making (Capacity) Act is required to repeal the Lunacy Regulation (Ireland) Act 1871.
The constitutional challenge was adjourned on the basis that wardship would be abolished in orderly fashion via an Act of the Oireachtas, and this remains the case presently.
