LABOUR TD KENNY WELCOMES LAUMCH OF REPORT ON CAPACITY BILL, SUPPORTS CALLS TO REPLACE LUNACY ACT

Posted on May 1, 2012 4:19 PM   |   Permanent Link   

Dublin North East Labour TD and member of the Oireachtas Justice Committee Seán Kenny today welcomed the launch of the publication of the Report on the Scheme for the Capacity Bill and supported calls by Inclusion Ireland to introduce a modern decision-making (capacity) law to replace the long outdated Lunacy (Regulations) Act 1871.

"Inclusion Ireland called for this at the Oireachtas Justice Committee launch today, where the Report arising from the submissions and public hearings into the Scheme of the Capacity Bill was launched. The Justice Committee heard from many groups, including Inclusion Ireland, on the urgent need for reform in the area of capacity law."

"I support their call for a new capacity law. People who have been severely adversely affected by the present obsolete law include people with an intellectual disability, serious mental health problems, dementia and acquired brain injury. This law takes away a person's right to make decisions about their life. The Lunacy Act allows for the Ward of Court system, which means that for someone who has been made a 'Ward of Court', the Court makes all decisions about their lives, from medical and money decisions, to leaving the country and marrying."

"This is a very dated approach that dominates the lives of people in need of support. Ireland is behind every other European country in this area. While other countries allow for people to be supported to make decisions, Ireland takes all rights away from the person and the Court imposes a decision on them. We need to move away from the paternalistic stance of looking after what we decide are people's 'best interests', and move towards recognising a person's right to make decisions about their own lives, and to enable them to be supported to make decisions."

"Without modern capacity law Ireland cannot ratify the UN Convention on the Rights of Persons with Disabilities, which we signed up to over five years ago. Modern law in this area was promised since 2008 by the previous Government, and the current coalition committed to modern capacity law in their 2011 Programme for Government - I want to see a new capacity law enacted as soon as possible."