April 2008

INCLUSION IRELAND WELCOMES TÁNAISTE STATEMENT THAT CAPACITY LEGISLATION WILL BE PUBLISHED THIS YEAR

 

• Ireland’s position regarding capacity and people with an intellectual disability dates back to the Lunacy Act of 1871
• Cases concerning sexual assault of people with an intellectual disability not brought forward for prosecution because of capacity issues and people with an intellectual disability giving evidence
• Person with an intellectual disability cannot currently have their child adopted

Inclusion Ireland, the National Association for People with an Intellectual Disability, welcomes Tánaiste Brian Cowen’s statement in the Dáil yesterday (Thursday 17 April) that capacity legislation will be published later this year. Minister Cowen was responding to a question by Labour Disability Spokesperson Kathleen Lynch TD. Inclusion Ireland has been calling for reform in this area for many years and last November held a conference on the issue. At the Inclusion Ireland 2008 AGM in Tullamore last weekend, Minister Cowen acknowledged the need for capacity legislation during a questions and answers session with local politicians.  

 

Inclusion Ireland CEO Deirdre Carroll says “The relationship between people with an intellectual disability and the law is outdated in many areas. Ireland’s current position in relation to capacity and people with an intellectual disability dates back to the Lunacy Act of 1871. While The Mental Capacity and Guardianship Bill 2007 was introduced as a private members Bill in the Seanad in February 2007, it has never been finalised. Lack of progress in this area means Ireland may be out of line with the UN Convention on the Rights of Persons with Disabilities, which Ireland is a signatory to.

 

“The issue of consent and sexual contact must also be urgently addressed. Every year we see 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 because of capacity issues and people with an intellectual disability giving evidence. Also, the current situation whereby a person with an intellectual disability cannot have their child adopted as they are deemed to lack capacity is causing distress to many people. While this issue was not addressed in the Mental Capacity and Guardianship Bill, it must be included in new legislation.

 

“We simply cannot afford to wait any longer. The law must be updated now and it is the Government’s responsibility to make sure this is done.”

 

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