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Wards of Court

Dáil Éireann Debate, Thursday - 17 January 2019

Thursday, 17 January 2019

Ceisteanna (99)

Clare Daly

Ceist:

99. Deputy Clare Daly asked the Minister for Justice and Equality if consideration will be given to removing wards funds from the control of the High Court; and if so, if such funds will be given to an independent body in order that the Comptroller and Auditor General (Amendment) Act 1993 can be amended to allow for auditing of same by the Comptroller and Auditor General. [2189/19]

Amharc ar fhreagra

Freagraí scríofa

As 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.

At this time, I am not minded to remove wards of court funds, which are not public funds, from the control of the High Court. As the Deputy is aware, the Courts Service has advised that there is already independent oversight of the investment and management of wards' funds. These funds are independently audited by external auditors in compliance with Generally Accepted Auditing Standards (GAAP) and the audited financial statements are published.

The Deputy will also be aware that the Assisted Decision-Making (Capacity) Act 2015 provides a modern statutory framework to support decision-making by adults with capacity difficulties. New administrative processes and support measures, including the setting up of the Decision Support Service within the Mental Health Commission (a body under the Department of Health), must be put in place before the substantive provisions of the Act can be commenced.

The Act provides for the repeal of the Lunacy Regulation (Ireland) Act 1871 and the Marriage of Lunatics Act 1811. The current Wards of Court system for adults will be phased out over a three year period from the commencement of Part 6 of the Act. The Act offers a continuum of options to support people in maximising their decision-making capability.

Each adult ward (a ward who has attained the age of 18 years by the date of commencement of Part 6 of the Act) will be reviewed in accordance with the new system. A ward who is found to have capacity will be discharged from wardship. A ward who continues to have capacity needs will be discharged from wardship and offered the support option most appropriate to his or her needs. Wards who are discharged from wardship will have their property returned to them in accordance with the provisions of Part 6 of the Act.

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