Mental capacity legislation
Gerry Adams criticises delays in implementing mental-capacity and disability-rights commitments. The Taoiseach says the Assisted Decision-Making (Capacity) Bill was published in 2013 and awaits Committee Stage, while related disability and mental-health issues remain under review.
I refer to the mental capacity Bill and the commitment made by the Minister for the Environment, Community and Local Government last month to introduce legislation to freeze rents. Monday was the eighth anniversary of the State's signing the UN Convention on the Rights of Persons with Disabilities. In the programme for Government there was a commitment to introduce a mental capacity Bill that would incorporate the convention into domestic law. Some four years later that has not happened. There is a whole range of other legislative matters which have been promised but have not come to the floor of the Dáil.
In the meantime, 156 states have ratified the convention. This State is one of only three in the European Union which has failed to do so and we still rely on the Lunacy Regulation (Ireland) Act 1871. There are ongoing difficulties faced by citizens with intellectual disabilities in some care homes. When will the Taoiseach repeal the disgraceful Lunacy Regulation (Ireland) Act 1871 and introduce a mental capacity Bill?
As I said, the Minister for the Environment, Community and Local Government last month promised to introduce legislation to freeze rents in the private rental sector for the next two years and to tackle excessive rent increases by landlords by the end of this year. When can we expect this legislation to be published? It is a matter of major concern. The Taoiseach will know that 500,000 households in rented accommodation are now approaching the levels of rent they paid at the height of the property boom. Rental costs in Dublin have risen by almost 10%.
The Minister also expressed concerns about the impact of the programme of reform of local government by the former Minister, Mr. Phil Hogan, and said he supported the comprehensive review of the changes Mr. Hogan had forced through. Does the Government intend to hold a comprehensive review of local government? When does it intend to do so?
Comment on this
In respect of the mental capacity Bill, the Assisted Decision-Making (Capacity) Bill was published on 17 July 2013 and provides a series of options to support people with impaired capacity to make decisions and to exercise their basic rights in line with the principle of the UN convention. It undertakes a comprehensive reform of existing legislation governing capacity and is awaiting Committee Stage in the House. A number of amendments are being worked on.
The Government has given a firm commitment to ratify the UN Convention on the Rights of Persons with Disabilities and the Government intends to proceed to ratification as quickly as possible. It is important to clarify the process and issues involved. We have a dualist legal system. Therefore, we cannot become party to treaties unless we are first in a position to ratify the obligations that are imposed upon us, including the amendment of domestic law as necessary. I am advised that a substantial number of items need to be dealt with before we can deal with that.
The Minister has set up a team in the Department of Justice and Equality to examine all of these outstanding matters. It has almost completed the first phase of its work, which includes identifying those areas which will need attention prior to ratification being possible. An interdepartmental committee is in place and it met recently to review those issues and the actions and timeframes set out to meet them. I can advise Deputy Adams that the Government is serious, but because of the dualist system we have we have to deal with a number of issues here before we can ratify the convention.
It is awaiting-----
Comment on this
The Government has had four years to do that.
Comment on this
No, the Bill was only published in July 2013. Committee Stage is awaited in the House. Another key task which is under way involves examining how the issue of reasonable accommodation can be achieved in a meaningful way within our constitutional framework, as interpreted by the Supreme Court.
The House may be aware that the Supreme Court in an Article 26 referral dating from 1998 found it unconstitutional to impose an obligation to provide reasonable accommodation to people with disabilities where the cost would be more than a nominal cost. The United Nations requires a higher standard that it calls "a disproportionate" cost. Our law with respect to sexual offences imposes a ban on persons with intellectual disabilities having intimate relationships. That needs to be changed while still protecting vulnerable people from exploitation. The Department of Justice and Equality is working on proposals to be included in a revised sexual offences criminal law proposal and to deal with this issue. It has published a discussion paper to allow interested parties to contribute their views on what is a sensitive and very complex matter.
Comment on this
What about the Lunacy Regulation (Ireland) Act 1871?