Committee to discuss proposed changes to legislation on mental capacity

An Oireachtas Committee on Justice, Defence and Equality will hear presentations on the proposed mental capacity legislation today.

Committee to discuss proposed changes to legislation on mental capacity

An Oireachtas Committee on Justice, Defence and Equality will hear presentations on the proposed mental capacity legislation today.

The legislation is to reform the law relating to those who have limited or reduced capacity to articulate their needs in a legal context, which currently dates back to the 19th century.

Representatives from Amnesty, the Law Reform Commission and the Irish Human Rights Commission (IHRC) will address the committee this morning.

Des Hogan from the IHRC said Ireland signed up to a UN convention promising to update the legislation five years ago.

"Our key message to the Committee today is that in order to comply with the UN convention Ireland will need to replace this antiquated 'ward of court' legislation with new legislation which recognises that every person has legal or decision-marking capacity which must be supported and not substituted," he said.

"At the moment we have substituted decision-making and we need to replace that with supported decision-making."

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