Seanad debates

Wednesday, 21 February 2007

Mental Capacity and Guardianship Bill 2007: Second Stage

 

6:00 pm

Photo of Brendan RyanBrendan Ryan (Labour)

It is. Many people, however, including many women, are exploited in sexual relations but that is not of itself illegal. I chose this area on which to speak because it exemplifies how difficult the issue is to resolve.

The Law Reform Commission can be extraordinarily blunt when it wants to be. It describes the criteria for bringing a person into wardship as archaic and complex. It states, for example:

The paternalistic concepts which are the heart of the wardship system sit somewhat uncomfortably with the more recent social and human rights models...Aspects of the wardship procedure do not contain adequate procedural safeguards...The wardship inquiry would appear to be more inquisitorial than adversarial in nature and the rules of evidence are therefore relaxed.

This issue does not deserve adversarial comment or criticism.

Why is everything so slow? Two consultation reports have been published, in 2003 and 2005. We knew this was coming and agree it is important, but why is the Department only now beginning to think about it? Is it not possible for the Government to recognise that the Law Reform Commission is working on something important and to work in parallel so that it can respond immediately to the issues? The Opposition would be nothing but helpful in producing reforming legislation and getting it through the Oireachtas quickly to remove all the anomalies in the current legislation, especially the language that is such a feature of it.

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