Timmy Dooley (Clare, Fianna Fail)
Link to this: Individually | In context

Question 146: To ask the Minister for Justice and Equality the date on which the Mental Capacity Bill will be published; the steps he will take to ensure that he ratifies the Convention on the Rights of Persons with Disabilities; and if he will make a statement on the matter. [20115/11]

Kathleen Lynch (Cork North Central, Labour)
Link to this: Individually | In context

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.

The enactment of the mental capacity legislation is one of the key requirements towards enabling the State to ratify the UN Convention on the Rights of Persons with Disabilities. 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 by amending domestic law as necessary. It is the Government's intention to ratify the Convention as quickly as possible, taking into account the need to ensure all necessary legislative and administrative requirements under the Convention are met.

The ongoing implementation of our National Disability Strategy in many respects 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 ratification. The National Disability Authority, the lead statutory agency for the sector, has also been requested to independently assess the remaining requirements for ratification so as to ensure conclusively that all such issues will be addressed.