Maria Corrigan (Fianna Fail)

I welcome the Minister of State, Deputy Moloney, and thank the Cathaoirleach for giving me the opportunity to raise this very important issue. I record my regard for the work the Minister of State has undertaken on the issue of mental health. I am delighted he is present to deal with this issue.

I merely ask the Minister of State if the proposed mental capacity and guardianship Bill will be brought before the House in the next couple of weeks.

As the Minister of State is aware, a significant number of people will have their capacity to make decisions for themselves questioned as a result of difficulties they experience. I refer, for example, to people with mental health difficulties, intellectual disabilities or acquired brain injuries, to older people with age-related disorders, as well as to people with autism etc. This can result in such people being prevented from realising some basic human rights that the Minister of State and I take for granted every day. Moreover, they can be prevented from making a wide range of decisions that he and I take for granted every day, such as consenting to medical treatment, making wills, managing their own finances and moneys, opening their own bank accounts, voting, giving evidence or even entering into basic contracts such as telephone, electricity or gas supply contracts or rent agreements. This obviously has a real impact on such people's potential and opportunities for self-determination, to which Ireland has signed up as being committed by indicating its support for the United Nations Convention on the Rights of People with Disabilities. However, this legislation will be required to so do.

Ireland's current capacity legislation dates back to the Lunacy Regulation (Ireland) Act 1871 and its title in itself gives a flavour of the present position. It does not serve the needs of vulnerable adults and constitutes an impediment to their realisation of basic human rights. Following the Law Reform Commission's report on protecting vulnerable adults, an enormous amount of work of which I am aware has gone into preparing the new legislation. I believe it had been intended that it should come before the Houses in 2009. However, because it must interface with many other legislative items, it was necessary to undertake a considerable amount of work in this regard. It had been hoped that it would come before Members in the autumn and winter session of 2010. This legislation will be essential to safeguard a person's right to take as much control of his or her life as is possible and to provide appropriate guardianship where necessary. I would appreciate it if the Minister of State indicated whether this Bill will come before Members.