Finian McGrath (Dublin North Central, Independent)
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Question 726: To ask the Minister for Justice, Equality and Law Reform if he will support a matter (details supplied). [38511/09]

Dermot Ahern (Louth, Fianna Fail)
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The General Scheme of the Mental Capacity Bill was published in September 2008. The scheme implements recommendations made by the Law Reform Commission in its 2006 Report on Vulnerable Adults and the Law. The Commission's Report followed extensive research and consultation since 2002 with representative organisations, service providers, medical experts and frontline carers.

On publication of the General Scheme, written submissions from interested parties were invited. A conference was held in Dublin Castle in February 2009, co-hosted by my Department and the National Disability Authority. Attendees at the conference came from a broad range of groups and organisations including those representing brain injured persons, the elderly and the intellectually disabled. Submissions received and views expressed at the conference have been examined for consideration during drafting of the detailed provisions of the Bill, which is now underway.

I have no function in relation to the matter of the investment of court funds. Under the Courts Service Act 1998, the Courts Service is independent in the performance of its functions. Court funds which are held for the benefit of wards of court are private funds under the control of the Courts Service. The General Scheme of the Mental Capacity Bill provides for the appointment by the court of a person as personal guardian with a range of functions including the control and management of the personal finances of an incapacitated person. A function of the Office of Public Guardian under the Scheme will be to supervise personal guardians appointed by the court.