January 2008

CAPACITY ISSUE TO BE HIGHLIGHTED IN
INCLUSION IRELAND SUBMISSION TO DPP

Inclusion Ireland, the National Association for People with an Intellectual Disability, welcomes the Director of Public Prosecutions’ review of his office’s policy of not giving reasons for decisions not to prosecute.

Inclusion Ireland has expressed its members’ concern that cases involving people with an intellectual disability are not brought before the courts generally due to issues of capacity, and will repeat these concerns in its submission to the DPP. The DPP estimates the ability of a witness and can determine that an individual may not have the capacity to testify.

CEO Deirdre Carroll says “we are aware of cases concerning sexual assault of people with an intellectual disability being brought to the attention of the DPP, which are not brought forward for prosecution for reasons relating to the capacity of witnesses to give evidence. Inclusion Ireland has met with the Office of the DPP in the past and sent in submissions on this matter. 

“This is an issue of serious concern to people with an intellectual disability and their families. Who decides capacity and how capacity is determined is very pertinent and needs to be resolved. Inclusion Ireland has pushed for new legislation on capacity. Ireland’s current position in relation to capacity and people with an intellectual disability dates back to the Lunacy Act of 1871. The Mental Capacity and Guardianship Bill 2007, introduced as a private members Bill in the Seanad in February 2007, remains outstanding.

“The DPP’s decision to seek submissions on this issue is a very important step. Inclusion Ireland believes that in order to secure justice for people with an intellectual disability, details must be given on why prosecutions have not proceeded. Knowing why cases have not been brought forward will help us to inform the new legislation. The question of what determines capacity remains unanswered.”