Seanad debates

Wednesday, 21 February 2007

Mental Capacity and Guardianship Bill 2007: Second Stage

 

6:00 pm

Photo of Camillus GlynnCamillus Glynn (Fianna Fail)

I welcome the Minister of State to the House and commend Senator Henry for bringing forward this Bill. Senator Ryan spoke about the terminology of the current Act, which dates from 1871. It should never have been acceptable but it certainly is not acceptable in 2007.

Having served in the psychiatric services I have come into contact with many wards of court. I will not repeat what other Senators said but I am pleased with the conclusions of the report. I am delighted the Minister is bringing forward legislation so that we all have the opportunity to add to or take from its proposals to ensure the optimum benefit accrues to the people whom we are trying to look after. I welcome the appointment of a suitable personal guardian who will be trained and will work under a regime of care practice which will be reviewed on an ongoing basis. The guardian will work with the people concerned to ensure they get the optimum benefit from their estate.

I witnessed a number of situations which would make us all frown, in which vulnerable people were exploited prior to coming into the care of the psychiatric services, which is very regrettable. The Minister of State said the office would offer wide-ranging advice, support and an educational role for vulnerable people and their families. It would oversee and supervise personal guardians and attorneys operating under enduring powers of attorney and act as personal guardian in cases where there is no one else willing or able to act. That is a very important provision.

This is overdue legislation and I agree with what colleagues on all sides on the House have said. It is time this horrible legislation was repealed because some of the terminology evokes revulsion. It belongs to another era like the ice age, or a horror film, and I would welcome anything that replaced it. I am delighted the Minister is present and I listened carefully to what he said.

I commend Senator Henry for bringing forward the Bill, which is consistent with the report of the Law Reform Commission, and look forward to the legislation coming before this House. I hope both Senator Ryan and I are around to give it due consideration, along with Senators Norris, Henry and Jim Walsh.

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