David Stanton (Cork East, Fine Gael)
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Question 163: To ask the Minister for Justice and Equality when he expects to publish the mental capacity Bill needed for ratification of the United Nations Convention on the Rights of People with Disabilities; the other legislative and administrative actions required for ratification; and if he will make a statement on the matter. [12023/11]

Alan Shatter (Dublin South, Fine Gael)
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The Government Legislation Programme announced on 5 April 2011 indicates that the Mental Capacity Bill is expected to be published in late 2011. The Bill will reform the law on mental capacity taking into account the Law Reform Commission's Report on Vulnerable Adults and the Law. The Bill will replace the Wards of Court system with a modern statutory framework governing decision-making on behalf of adults who lack capacity.

It is the Government's intention to ratify the UN Convention on the Rights of Persons with Disabilities (UNCRPD) as quickly as possible, taking into account the need to ensure that all necessary legislative and administrative requirements under the Convention are being met. In the case of my Department, this is the enactment of the mental capacity legislation. As the Deputy may be aware, Ireland does not become party to treaties until it is first in a position to comply with the obligations imposed by the treaty in question, including the amendment of domestic law as necessary.

The ongoing implementation of our National Disability Strategy in many respects already comprehends many of the provisions of the Convention. In addition, the Inter-Departmental Committee on the UNCRPD monitors the remaining legislative and administrative actions required to enable the State to ratify the Convention. The Committee has developed a programme on which work is progressing to address the matters that need to be aligned with the UNCRPD.