Updated 5.55pm
THE ASSISTED DECISION Making (Capacity) Legislation passed in the Dáil today, in what is being described as a ‘historic moment’.
The new legislation repealed the Lunacy Regulations Act, which has been on Ireland’s statute books for 144 years – since 1871.
It will bring an end to the wards of courts system. Instead, an assisted decision making system will be put in place to make or help make decisions for a person with diminished mental capacity.
Sage, a support and advocacy group for older people, said the act will strengthen the rights of all individuals but it “will have particular relevance for people with intellectual disabilities, older people with diminished capacity or dementia and people whose capacity has been affected by traumatic injury”.
Mary Condell, Sage’s legal and financial co-ordinator, said the new law will reform the way in which people’s wishes and preferences can be observed and acted upon.
Condell said the Decision Support Service listed in the bill needs to be well-funded to “act as a guardian for people” to ensure they will have “a voice in their own affairs when they need it”.
The advance healthcare directives being introduced in the legislation will ensure that people currently with capacity can register in advance their wish to not receive certain treatment, which they perceive as futile, in the event they lose capacity to make decisions.
Minister Kathleen Lynch said she is “delighted” the new bill has passed through the Oireachtas.
Those with capacity difficulties will be able to avail of support options directly targeted to their needs. Families and carers will be able to get information on the options available. There will be robust safeguards to protect vulnerable people against exploitation and abuse.
Labour Senator Mary Moran said the passing of the Assisted Decision Making Bill “marks a historic point in the fight for equality”.
She added: “I welcome that at long last the words ‘lunatic’ and ‘imbecile’ will be removed from our legislation as a result of the bill and everyone will be afforded the respect they deserve and are entitled to in our statute books.”
It is hoped that the bill will be signed into law by President Michael D Higgins before the end of the year.
How is ‘lunatic’ defined?
The current law states:
The word “lunatic” shall be construed to mean any person found by inquisition idiot, lunatic, or of unsound mind, and incapable of managing himself or his affairs.
And ‘ward of court’?
When a person is made a ward of court, his or her assets are brought under the control of the court.
The court must make a decision as to whether the person is capable of managing his or her own property for his or her own benefit and the benefit of his or her dependents. If it is decided that the person cannot manage his or her own property because of mental incapacity, a committee is appointed to control the assets on the ward’s behalf.
A person under 18 years of age may also be taken into wardship as a minor.
If a ward needs medical treatment, to make a will or wishes to travel, court permission is required. Wards are not permitted to marry.
A Victorian law
Inclusion Ireland, a group that promotes advocacy for people with intellectual disabilities, has also been campaigning for the lunacy act to be repealed.
Sarah Lennon told TheJournal.ie today has been a long time in the making. She has been campaigning for the lunacy act to be repealed for a decade, while Inclusion Ireland has been calling for it for about 30 years.
Lennon described the Victorian legislation that is still in place as “not fit for purpose”.
She said the “beauty” of the new legislation is that it will help so many people, and we don’t know when assisted decision making could be needed in our own life.
“It’s legislation for our own futures in many ways.”
Lennon added that repealing the lunacy act will remove the “last remaining barrier” that has prevented Ireland from ratifying the United Nations convention on the rights of people with disabilities.
Originally published 6am
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