Older people could have bank account access stopped by teller under new law, TD claims

Holly Cairns, the Social Democrats Cork South West TD, said she is “deeply worried about this bill”.

Older people could have access to their bank accounts stopped by a teller, under “terrifying” new legislation being rushed by the Government.

Deep concerns have been expressed about new laws aimed at ending the system of wardship and replacing it with a new assisted decision-making process.

Disabilities Minister Anne Rabbitte said the new bill will allow for the commencement of the Assisted Decision-Making (Capacity) Act 2015, which will bring wardship in Ireland to an end.

“We will end wardship and move away from a disempowering "best interests" approach in favour of identifying and respecting the will and preference of persons experiencing capacity difficulty,” the minister added.

However, Holly Cairns, the Social Democrats Cork South West TD said she is “deeply worried about this bill”.

She said it will have far-reaching consequences for disabled people, older people and individuals experiencing mental health difficulties and that it affects how they can make decisions about their lives.

Ms Cairns claimed the bill is being rammed through, ignoring calls for a transparent and collaborative approach.
Crucially, the Government is allowing a process where a large number of unqualified people can make assessments of an individual's capacity. For example, a bank teller could decide that a disabled person or an older person cannot have access to their own money, Ms Cairns said.

“This is a terrifying prospect that not only breaches rights but pushes disability rights back about 20 years in this country,” she said.

“This Bill will be the subject of suffering, litigation, and dispute for years to come. On each occasion, people will look back and ask how this was allowed to happen. The Minister of State needs to stop this now and she needs to listen to disabled people and human rights experts,” she said.

Ms Cairns said the speed at which the Bill is being rushed through compounds the harm being done. The 70-page Bill was published on Friday evening and will continue to be discussed today, with amendments due next week. 

“I will be honest in saying I do not understand half of the Bill. It is written in extremely dense language which can only be understood in conjunction with the original Bill,” Ms Cairns added.

Sinn Féin’s Mark Ward said his party supports the need to reform how wardships of court are legislated for in the State, but the Government has missed the opportunity to make Ireland a leader in capacity legislation and to fulfil our obligations under the UN Convention.