Enda Kenny (Mayo, Fine Gael) | Oireachtas source

In respect of the mental capacity Bill, the Assisted Decision-Making (Capacity) Bill was published on 17 July 2013 and provides a series of options to support people with impaired capacity to make decisions and to exercise their basic rights in line with the principle of the UN convention. It undertakes a comprehensive reform of existing legislation governing capacity and is awaiting Committee Stage in the House. A number of amendments are being worked on.

The Government has given a firm commitment to ratify the UN Convention on the Rights of Persons with Disabilities and the Government intends to proceed to ratification as quickly as possible. It is important to clarify the process and issues involved. We have a dualist legal system. Therefore, we cannot become party to treaties unless we are first in a position to ratify the obligations that are imposed upon us, including the amendment of domestic law as necessary. I am advised that a substantial number of items need to be dealt with before we can deal with that.

The Minister has set up a team in the Department of Justice and Equality to examine all of these outstanding matters. It has almost completed the first phase of its work, which includes identifying those areas which will need attention prior to ratification being possible. An interdepartmental committee is in place and it met recently to review those issues and the actions and timeframes set out to meet them. I can advise Deputy Adams that the Government is serious, but because of the dualist system we have we have to deal with a number of issues here before we can ratify the convention.

It is awaiting-----

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