Minister Dermot Ahern addresses conference on Mental Capacity

The conference forms part of the consultation process on the Government’s proposals for a Mental Capacity Bill, the Scheme of which was published in September 2008.

Speaking at the conference the Minister said: "First and foremost, this is a Bill for and about adults who are vulnerable in the sense that they may lack some or all capacity to make important decisions for themselves. The Bill makes provision for such decisions to be made where possible by them or by a carer, or ultimately the court, on their behalf.

The Bill will modernise the law on capacity contained for the most part in legislation of 1871. The terminology and conceptual framework of that legislation harks back to a time when our understanding of mental capacity was different, our treatment of the vulnerable was harsher and our recognition of fundamental rights was narrower."

The main purpose of the Bill is to reform the existing Wards of Court system in so far as it applies to adults, and replace it with a modern statutory framework governing decision making on behalf of persons who lack capacity. The current system is outdated and is incapable of coping with the existing and projected demographic growth of persons who lack capacity.

The objective is to provide greater legal protection for a range of adults including persons with intellectual disabilities, those suffering from dementia or mental illness and persons who have acquired brain injuries through trauma or accident.

The scheme of the Bill is on the Department’s website www.justice.ie 

5 February 2009