The Irish government has announced that legislation will soon be published updating the law on mental capacity. Minister of State for Health Kathleen Lynch commented that "the Bill will reform the law in respect of adults who are vulnerable, in the sense that they may lack some or all capacity to make important decisions for themselves."
In addition, she said that the legislation would "modernise the law on capacity, which mostly dated back to the 19th century and it would replace the outdated adult ward-of-court with a statutory framework governing decision-making on behalf of people lacking capacity." At present the law relating to capacity is considerably outdated and provides insufficient protection to those with intellectual disabilities resulting in their rights being infringed. It also poses problems for their families, carers and service providers.
Colm O'Gorman, Executive Director of Amnesty International Ireland, said: "It is simply unacceptable that the vulnerable in our society are subject to a 140-year-old law. Currently Ireland is lagging behind the rest of Europe as it is one of only seven countries yet to fully adopt the Convention on the Rights of Persons with Disabilities - and those subject to this archaic law cannot wait any longer."
Click here to read a guest Bulletin piece from October 2011 by Amnesty's Katie Mannion on mental capacity in Ireland.
Click here to see an article by the Irish Times.
Click here to see a press release by Amnesty.
Click here to see Inclusion Ireland's mental capacity campaign page.