Oireachtas Joint and Select Committees

Wednesday, 11 October 2017

Joint Oireachtas Committee on Justice, Defence and Equality

Wards of Court: Discussion

9:00 am

Ms Mary Farrell:

As we said, the ward of court system is governed by the 1871 legislation. It is old English legislation. Successive Governments have known that the UK system was going to change and it was ahead of ours. It has introduced a court of protection. We did not change anything.

In fact, even though the structures and plans are in place, nothing has changed because wards have not transferred into the decision support service. People will no longer be referred to as "wards of court". We do not know when that will happen. A director was recently appointed, but a lot of work needs to be done and it may be some years before the wards transfer out of the system.

As far as we understand it, until that time they will continue to be referred to as "wards of court" and there is no other term we can use. We are stuck with the term, and none of us is mad about that. That is the current situation.

I would not hold up any particular system as being a perfect model. In Ireland we researched all of the models and what was happening elsewhere, and picked the bits that best suited our situation. That work has been done and the pieces are in place, and we are happy that changes will be introduced.

We thought the decision support service would be established as a separate entity, but it will come under the auspices of the Mental Health Commission. We have high hopes. What was the Senator's other question?

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