Oireachtas Joint and Select Committees

Wednesday, 11 October 2017

Joint Oireachtas Committee on Justice, Defence and Equality

Wards of Court: Discussion

9:00 am

Photo of Niall Ó DonnghaileNiall Ó Donnghaile (Sinn Fein) | Oireachtas source

I was going to say this is one of the best attended meetings I have seen. While this is a very complex issue and I appreciate the opportunity to hear and learn some of the situations and instances this morning it will take us a while to appreciate its complexity.

My mother cares full-time for her brother. The notion that she would have to deal with some of the issues Ms Farrell is outlining today is phenomenal. It says a terrible thing about a society that it lays responsibility for these issues with the Courts Service. The legislation is not just archaic it is repressive and punitive. If I am right what we are hearing is that money is being gambled in investments and people are not getting the right information. That is regressive. It is a bit of a shock to hear what Ms Farrell has told us and to see some of the correspondence she sent us in advance.

Senator Black touched on the culture or psychology that thinks the courts are the appropriate place for this. That could be contested. Not to engage with other statutory agencies and organisations to create the oversight and accountability which is very important in dealing with this type of issue is worse. What is Ms Farrell asking this committee to do to assist in this situation? Does she want us to lobby politically for a change in the system or a change in the 1871 Act which is reminiscent of a penal law? It has the feel of penal legislation.

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