Ireland’s current capacity law dates back to the Lunacy Act of 1871

– Inclusion Ireland wants to change this

Since 2008 the Government has repeatedly promised to bring modern capacity legislation before the Oireachtas. Please see below a list of when and by whom, those promises were made....

2008

25th June 2008 (Dáil):

• The Taoiseach (Brian Cowen TD): I understand it is hoped to bring the mental capacity Bill to the House later this year.

30th April 2008 (Dáil):

• Minister for Justice, Equality and Law Reform (Brian Lenihan TD): I expect to be in a position to announce the details of the Bill in the near future, subject to the approval of Government.

14th October 2008 (Dáil):

• The Taoiseach (Brian Cowen TD): It is more than likely that it will be the middle of next year before that Bill will be taken.

15 September 2008 (Press statement from Dept. Justice):

• (Minister Dermot Ahern) looks forward to a period of consultation on his proposals in the run up to publication of the Bill in 2009.

2009

22 April 2009 (Dáil):

• Minister for Justice, Equality and Law Reform (Dermot Ahern TD): The Government Legislation Programme announced on 22 April 2009 indicates that the Mental Capacity Bill is expected to be published later this year.

30 June 2009 (Dáil):

• The Taoiseach (Brian Cowen TD): We will not have that legislation before this session concludes. It is hoped to have it before the end of the year…

10th July 2009 (Dáil):

• The Tánaiste (Mary Coughlan TD): I hope the Mental Capacity Bill will be dealt with this year, if at all possible.

24th September 2009 (Dáil):

• The Tánaiste (Mary Coughlan TD): It is hoped the mental capacity legislation will be introduced by the end of this year or the beginning of next year.

31st October 2009 (Dáil):

• The Taoiseach (Brian Cowen TD): …I understand the mental capacity Bill should be taken in the new year.

24th November 2009 (Dáil):

• Minister for Justice, Equality and Law Reform (Dermot Ahern TD): The Government Legislation Programme, published on 16 September 2009, indicates that the Mental Capacity Bill is expected to be published in early 2010. 

10th December 2009 (Dáil):

• Minister of State at the Department of Justice, Equality and Law Reform (John Moloney TD): It is the Government’s intention to ratify the United Nations Convention on the Rights of Persons with Disabilities as quickly as possible, taking into account the need to ensure that all necessary requirements under the Convention are being met. The Government Legislation Programme, published on 16 September, indicates that the Mental Capacity Bill, that is in the course of being drafted by Parliamentary Counsel, is expected to be published in early 2010.

2010

4th February 2010 (Dáil):

• Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): It is the Government’s intention to ratify the United Nations Convention on the Rights of Persons with Disabilities as quickly as possible, taking into account the need to ensure that all necessary requirements under the Convention are being met. The Government Legislation Programme, published on 19 January last, indicates that the Mental Capacity Bill is expected to be published in the current Dail session.

1st July 2010 (Dáil):

• Minister of State at the Department of Community, Rural and Gaeltacht Affairs (DeputyJohn Moloney): It is the Government’s intention to ratify the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) as quickly as possible, taking into account the need to ensure that all necessary legislative and administrative requirements under the Convention are being met…One such requirement is to bring forward the Mental Capacity Bill, which is the responsibility of the Department of Justice and Law Reform. As indicated in the Government Legislation Programme, it is intended that the Bill will be published in this parliamentary session.

5th October 2010 (Dáil):

• An Taoiseach Brian Cowen TD: I understand the mental capacity Bill will be published this session. Ireland has signed the ratification of the UN Convention on the Rights of Persons with Disabilities and there will not be an undue delay in following up on that. It is the Government’s intention to do so as quickly as possible, taking into account the need to ensure all necessary requirements under the convention are being met.

Please sign our Petition calling for Modern Capacity Legislation!

Lobby your local Politicians, put this on their agenda!

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