Kathleen Lynch (Cork North Central, Labour) | Oireachtas source

Amendments Nos. 163 to 169, inclusive, relate to the process by which wards of court will be discharged from wardship. Amendments Nos. 163, 165 and 166 provide that the wardship court shall not review the capacity of a ward but rather make a declaration under section 46(1). The amendments are necessary because the existing provisions do not correctly describe what is envisaged. Where a person has been admitted to wardship without reference to his or her capacity such as in the case of many minor wards, he or she can be discharged from wardship without reference to his or her capacity. The wardship court will not look again at the ward's capacity, which is what the previous provisions implied. Instead, it will review the ward’s case and, where necessary, make a determination as to his or her capacity. No change of policy is envisaged by these provisions.

A new provision is proposed that will allow the wardship court to continue its jurisdiction, pending the discharge of a ward or the ward’s migration to the new options foreseen under the Bill. The amendments will allow payments, for instance, to continue to be made, pending the court hearing on a ward’s case. This is to ensure there will be continuity in the provisions in place for wards throughout the process of moving from wardship to discharge or the new options. The amendments do not change in any way the deadlines already set in the provisions. Wardship will be phased out for adults within three years of the commencement of Part 6. A minor ward will be entitled to a court hearing of his or her case no later than six months after his or her 18th birthday.

Amendment No. 169 proposes to replace section 47 with a new section. The provisions repealing the Marriage of Lunatics Act 1811 and the Lunacy Regulation (Ireland) Act 1871 have been moved to section 7. Some saving provisions are needed to ensure orders of the wardship court made before this Part is commenced will remain valid, even if the 1871 Act is repealed. This is to provide certainty in terms of payments to third parties and so forth.

It is proposed to delete section 49. The provisions of the Bill are essentially for adults. Adult wardship will be abolished over a three year period. It is important that boundaries not be blurred between the current arrangements and the arrangements foreseen under the Bill. To make this clear, the role of the director of the decision support service will relate exclusively to adults. He or she will not have a role in the case of minor wards. Any matter relating to minor wards will continue to be handled by the Office of the Wards of Court. The amendment makes clear the separation that will apply between the Office of the Wards of Court and the decision support service.