P J Sheehan (Cork South West, Fine Gael)
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Question 10: To ask the Minister for Justice, Equality and Law Reform the changes he proposes in the matter of the operation of the Office of the Wards of Court; and if he will make a statement on the matter. [5763/10]

Dermot Ahern (Louth, Fianna Fail)
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The mental capacity Bill, which the Government's legislation programme indicates is due for publication in this session, represents the Government's policy in relation to reform of the wards of courts system. Details of the Bill were published in the form of heads in September 2008 and they may be accessed on my Department's website. The Office of Wards of Court will be replaced by the establishment of the office of the public guardian. It is intended that the Bill will provide a modern statutory framework governing decision-making on behalf of adult persons who lack capacity. The legislation will contain guiding principles to assist carers as well as the court in making decisions on behalf of the person. The statutory guiding principles will require that any act done or decision made on behalf of the person must be in that person's best interests.

The Bill will establish that there is a presumption of capacity and that no intervention in the person's decision-making will take place unless it is necessary having regard to the individual needs and circumstances of the person. A person shall not be treated as unable to make a decision unless all practicable steps to help them make a decision have been taken without success. The Bill further provides that any act done or decision made under it must be done or made in a way which is the least restrictive of a person's rights and freedoms. The Bill will create a new role of personal guardian. Where a person has been found to lack capacity, a personal guardian can be appointed by the court to make decisions concerning his or her personal welfare or property and affairs. The primary function of the office of public guardian will be to supervise and monitor the exercise of duties and responsibilities by court appointed personal guardians.

Charles Flanagan (Laois-Offaly, Fine Gael)
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What steps does the Minister propose to take? Members of families of wards of court are expressing concern at the handling of investments made by the courts for the benefit of wards. There is a veil of secrecy and little interaction between those responsible for the maintenance of the investments and the operation of the office and family members who have an interest. It is causing grave disquiet and it needs to be addressed before the legislation is introduced.

Dermot Ahern (Louth, Fianna Fail)
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Under the Courts Service Act 1998, the Courts Service is independent in the performance of its functions, including in regard to court funds, which are held for the benefit of the wards of court or private funds under its control. The general scheme of the mental capacity Bill provides for the appointment by the court of a person as a personal guardian with a range of functions, including control of the personal finances of an incapacitated person.

Charles Flanagan (Laois-Offaly, Fine Gael)
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That is not the question I asked. Does the Minister accept there is public concern about this issue? What will he do about it?

Dermot Ahern (Louth, Fianna Fail)
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I cannot share a view on this as this is an independent body, which administers the funds of court as well as can be expected. The proposed legislation provides for the establishment of a court funds office and will include an amendment to the Comptroller and Auditor General (Amendment) Act 1993 to allow him or her to act as auditor of all court funds, including those of wards of court.

Pat Rabbitte (Dublin South West, Labour)
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This Minister would find a quango to blame for anything. I am looking forward to getting the job he has because it seems to be a handy number. It is always someone else's fault, not the Minister's.

Dermot Ahern (Louth, Fianna Fail)
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Hope springs eternal. Fine Gael would never give up this Department to the Labour Party.

Pat Rabbitte (Dublin South West, Labour)
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In respect of the question Deputy Charles Flanagan asked, that is also the aspect in which I am interested. Has the Minister been immune from the representations we have been getting from families of wards of court? They have relatives who are wards of court and who are in receipt of awards, which have been invested in accordance with whatever is the practice, but they are extremely concerned about the implications over the past year and a half of the serious diminution of the awards in some cases. They are coming to us asking for guidance and help in this regard. I cannot believe that the Minister has not been the subject of the same representations. Will he avoid giving us auld blarney about the 1998 Act? Has he made representations to the Courts Service? Are changes in prospect? Will there be help for these families who find themselves beleaguered in the circumstances I have described?

Dermot Ahern (Louth, Fianna Fail)
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The Deputy may think an Act passed by the Oireachtas is auld blarney but I do not.

Pat Rabbitte (Dublin South West, Labour)
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What the Minister has to say about was auld blarney

Dermot Ahern (Louth, Fianna Fail)
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It is an honour to serve in the House on behalf of the people passing legislation and I do not regard it as auld blarney nor should the Deputy. He comes in with his auld supercilious blather sometimes trying to, in some way, suggest that, particularly in my context-----

Pat Rabbitte (Dublin South West, Labour)
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I was referring to the Minister, not the legislation.

Charles Flanagan (Laois-Offaly, Fine Gael)
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Answer the question.

Dermot Ahern (Louth, Fianna Fail)
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I regard my job with seriousness.

Charles Flanagan (Laois-Offaly, Fine Gael)
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The Minister's performance has been terrible today. He only comes into the House once every six weeks to answer questions.

Dermot Ahern (Louth, Fianna Fail)
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While I run a constituency office, as a Minister I have to adopt a certain attitude regarding issues which I am independent of and that includes those relating to the DPP, the Judiciary and the Courts Service, which has a function in the investment of funds of wards of court under legislation. I have no function in this and, therefore, I can give no opinion on how the funds are administered because that is a matter for the Courts Service under the legislation, not the blarney we pass here.

Pat Rabbitte (Dublin South West, Labour)
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I would be better off asking an usher.

Dermot Ahern (Louth, Fianna Fail)
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The Deputy better do that.