Finian McGrath (Dublin North Central, Independent)
Link to this: Individually | In context | Oireachtas source

331. To ask the Minister for Justice and Equality her views on correspondence (details supplied) regarding the wards' fund and Assisted Decision-Making (Capacity) Bill; and if she will make a statement on the matter. [13960/15]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

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 intention is that we will proceed to Dáil Committee Stage in the next two months. My aim is that the Bill will be enacted this year.

Court funds are held in trust by the Courts. The Courts Service in accordance with the Courts Service Act 1998 is responsible for the management and administration of the Courts and provides support services for the judges. It is in this capacity that the Courts Service has a role in the management and investment of court funds.

For the assistance of the Deputy, I have made enquiries with the Courts Service and I am informed that the Courts Service established an Investment Committee, chaired by the President of the High Court, to oversee the management and investment of Court Funds. In addition to the President of the High Court, the Committee’s membership comprises representatives of the judiciary from the Circuit and District courts, Courts Service officials, Court Officers including the Registrar of the Wards of Court Office, and independent external members. The Courts Service also retains independent investment advisors to advise on the management and investment of Court Funds. The role of the investment advisors is to provide professional, independent investment advice to the Investment Committee. They also support the Courts Service and Investment Committee in the selection and appointment of fund managers and custodians. Pursuant to a EU tender, State Street Global Advisors were appointed to provide fund management services to the Courts Service.