Michael McGrath (Cork South Central, Fianna Fail)
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368. To ask the Minister for Justice and Equality if the Government has plans to repeal the Lunacy Act 1890; the current position in relation to the rights of persons with an intellectual disability to inherit or own a property; if the Government plans to introduce any changes in the area; and if she will make a statement on the matter. [24730/15]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The Select Committee on Justice, Defence and Equality agreed at Dáil Committee Stage of the Assisted Decision-Making (Capacity) Bill 2013 on 17 June 2015 to an amendment proposed by the Government to repeal the Lunacy Regulation (Ireland) Act 1871. The current situation is that a person with an intellectual disability can own or inherit a property except where that person is a ward of court. The abolition of wardship will remove this barrier to inheriting or owning property. In this context, the Select Committee on Justice, Defence and Equality also agreed at Committee Stage of the Assisted Decision-Making (Capacity) Bill to a Government amendment inserting an additional provision that anyone taking decisions on behalf of a person with capacity difficulties must pay due regard to that person's right to control over his or her financial affairs and property.