Filter

Question

106. Deputy Finian McGrath asked the Minister for Justice and Equality the reason she intends to scrap the Lunacy Act 1871 which has been void since 1922, as per Article 72 of Saorstát Éireann (details supplied); and if she will make a statement on the matter. [16038/15]

Answer

Minister for Justice and Equality (Deputy Frances Fitzgerald): The Lunacy Regulation (Ireland) Act 1871 is still in force in the State. It is one of the statutes of the United Kingdom of Great Britain and Ireland, 1801 to 1922, that were retained by the Statute Law Revision Act 2007.
The Assisted Decision-Making (Capacity) Bill 2013, awaiting Dáil Committee Stage at the end of May, provides for the Lunacy Regulation (Ireland) Act 1871 to cease to have effect. The primary aim of the Bill is to abolish the current court wardship system and to replace it with a new decision-making support framework compliant with the UN Convention on the Rights of Persons with Disabilities and my Department has been advised that providing for the 1871 Act to cease to have effect will achieve that aim. However, as I finalise the necessary amendments for Committee Stage of the Bill, due shortly, I will also consider, in conjunction with the Attorney General's Office, whether particular provision can be made for unequivocal repeal of the 1871 Act. It is expected that the Bill will be enacted this year.