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Oireachtas Justice Committee Invites Suggestions on Proposed New Mental Capacity Law

15 Jul 2011, 14:16

15 July 2011 The Oireachtas Committee on Justice, Defence and Equality has decided to seek submissions on the proposed changes to mental capacity law in Ireland.

The Committee has resolved to take this step as any proposed legislation on the issue is likely to come before the Committee for its consideration. Therefore, the Committee is anxious to be fully briefed on all viewpoints and perspectives on this important issue.

The purpose of legislation which the Committee will examine, is to reform the laws pertaining to those who due to illness, accident or intellectual disability, may have limited or reduced capacity to understand and articulate their needs and wishes in a legal context.

Committee Chairman, David Stanton TD said;
“There is an ongoing debate about the need for an overhaul of the law on the rights of those who have limited mental capacity. The current laws on this matter are contained in the 1871 Lunacy Regulation Ireland Act and the Committee would like to enable groups and individuals to have an input before the bill’s final publication.

I think we all agree that the rights of incapacitated persons and those made wards of courts need to be protected and the Committee is keen to hear the differing views on how this can be best achieved. Therefore we are urging all groups and individuals to contact us with their suggestions and proposals.

Regrettably, although Ireland has signed up to the UN Convention on the Rights of Persons with Disabilities, we have not yet been in a position to ratify it because we first need to update our laws on mental capacity. We hope that the contribution made by this Committee will help to create a progressive law which ultimately enables Ireland to ratify this crucial convention.

Changes to the law on the issue of mental capacity have been pending for some time and we hope to be able to expedite it as soon as possible.”

The Committee will consider these written submissions and may decide to invite a number of contributors to public hearings should it feel that this is necessary. It may also produce a report with findings and/or recommendations.

The closing date for receipt of submissions is Friday 19th August 2011 at 5 p.m. Written submissions can be made, preferably by electronic means to the Clerk to the Committee at: alan.guidon@oireachtas.ie 


ENDS
Daniel English
Oireachtas Communications Office
01 618 4484
087 6949926

Committee Membership
Deputies:                                               
Michael Creed, Fine Gael                               
David Stanton, Fine Gael                               
Billy Timmins, Fine Gael                                
Tom Hayes, Fine Gael                                       
Dara Calleary, Fianne Fáil                                
Seán Kenny, Labour Party                                        
Joanna Tuffy, Labour Party
Jonathan O’Brien, Sinn Féin
Finian McGrath, Independent    

Senators:
Paul Bradford, Fine Gael
Rónán Mullen, Independent
Denis O’Donovan, Fianna Fáil
Ivana Bacik, Labour Party
Martin Conway, Fine Gael   

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