Written answers

Tuesday, 24 March 2015

Department of Justice and Equality

Legislative Process

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent)
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508. To ask the Minister for Justice and Equality if she will provide an update on a matter (details supplied) regarding the wards of court system; and if she will make a statement on the matter. [11969/15]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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The system of wardship will be abolished under the provisions of the Assisted Decision-Making (Capacity) Bill 2013 which proposes a modern statutory framework to support decision-making by adults with capacity difficulties. The Bill provides for the replacement of the adult Wards of Court system with a less intrusive system which offers a continuum of options to support people in maximising their decision-making capability. Its enactment will be a key step forward in enabling Ireland to ratify the UN Convention on the Rights of Persons with Disabilities (UNCRPD).

My Department is currently preparing amendments for the Dáil Committee Stage of the Bill to respond to issues raised in submissions to my Department and to the Joint Oireachtas Committee on Justice, Defence and Equality. The aim is to strengthen the safeguards contained in this legislation so that persons with capacity difficulties can exercise decision-making autonomy to the greatest extent possible. My aim is that the Bill will be enacted this year.

Jurisdiction in Wards of Court matters is vested in the High Court. The Courts are, subject only to the Constitution and the law, independent in the exercise of their judicial functions and, therefore, it is not open to me as Minister to comment in any way. Section 4(3) of the Courts Service Act 1998 provides that the Courts Service is independent in the performance of its functions, which are specified in section 5 and includes the management of the Courts. Court funds which are held for the benefit of Wards of Court are private funds under the control of the High Court and managed by the Courts Service on behalf of the Court.

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