On 16 July the government approved the publication of the Assisted Decision Making (Capacity) Bill 2013. The Bill will introduce extensive reforms to Irish mental health laws, repealing the Lunacy Act 1871.
Major reforms in the Bill include:
- The current Ward of Court system will be replaced by a legal framework designed to assist people to make decisions regarding issues such as their welfare and financial matters.
- The Bill will allow a sliding scale of support for those who need assistance making decisions rather than the current “all or nothing” approach to legal capacity. The range of supports include decision-making assistance, co-decision-making, decision-making representation and informal support.
- Clarification of the legal status of carers who take responsibility for people that need help making decisions.
- Establishment of an Office of Public Guardian within the Court Service with supervisory powers to protect vulnerable persons.
- Powers of Attorney will be brought in line with the new Bill's provisions.
Commenting on the new Bill, Minister for Justice Alan Shatter said, "The new legislation provides for a range of supports that are tailored to the person’s individual needs and circumstances. It pioneers an approach which protects vulnerable individuals and ensures that their wishes are taken into account, to the greatest extent possible, on decisions concerning their lives. At the same time, it also protects family members and friends who take on the difficult task of supporting the individual.”
The legislation is the result of a sustained campaign for mental health reform in Ireland. The government committed to introducing this legislation in order to enable Ireland to ratify the UN Convention on the Rights of Persons with Disabilities. Only two other EU countries – Finland and the Netherlands – have yet to sign the UN Convention on the Rights of Persons with Disabilities.
Áine Hynes, Chair of the Irish Mental Health Lawyers Association, said, “This Bill will replace the long outdated Lunacy Act of 1871. The Government has cited the lack of up-to-date, human rights compliant decision-making legislation as a primary reason for not fully adopting UN Convention of the Rights of Persons with Disabilities (CRPD). The legal right of everyone to make decisions for themselves (legal capacity) is contained in the Convention, meaning that people with disabilities have exactly the same decision-making rights as the rest of us, and we hope to see that fully reflected in the Bill.”
Click here to read a Mental Health Reform press release about the new Bill.
Click here to read a press release from the Department of Justice and Equality.