Dáil Éireann Debate, Tuesday - 14 November 2017
210. Deputy David Cullinane asked the Minister for Justice and Equality the reason for placing wards of court under a general solicitor; if families were consulted before this took place; and if he will make a statement on the matter. [47880/17]
Amharc ar fhreagraAs the Deputy is aware, the High Court has jurisdiction in wards of court matters and management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions under the Courts Service Act 1998.
However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that when a person is taken into wardship, the President of the High Court appoints a Committee, usually one person, and that Committee has an important role in relation to the ward's personal welfare and property. In approximately 75% of all cases the ward’s Committee is a family member or a trusted friend.
The Courts Service has also informed me that if there is no suitable or willing relative or friend available, or if there is a conflict of interest between the ward and the person who would otherwise have been appointed, or where there is disagreement among a ward's relatives about how his/her affairs should be managed, the President of the High Court can appoint the General Solicitor for Minors and Wards of Court to act as the Committee.
The only person required by law to be formally notified of the petition for wardship is the respondent, that is, the person in relation to whom the wardship application is made. However, it is the practice of the Wards of Court Office to seek confirmation from the solicitors for the petitioner that the next of kin are aware of the application. Also the petitioner is asked to propose a Committee for appointment. The petitioner is usually one of the next of kin.
If a family member writes to the Wards of Court Office objecting to the application or to the proposed Committee, the Wards of Court Office brings this to the attention of the President of the High Court prior the matter being heard to seek his directions. The family member is informed of the relevant court date and is afforded the opportunity to make representations to the court on who the Committee should be.
A Committee may wish to resign from the role or may be replaced as Committee during wardship. If the Committee is to be replaced by the General Solicitor for Minors and Wards of Court he or she is consulted prior to that decision being made. The Courts Service has advised that the appointment of a Committee or the removal of a Committee is a decision entirely for the President of the High Court exercising his wardship jurisdiction.
