Repeal the Lunacy Act

Sir, – The piece (Opinion, March 30th) by Meredith Raley and Gary Lee highlighted that the Government has failed to ratify the UN Convention on the Rights of Persons with Disabilities.

On the eight-year anniversary of Ireland signing this convention, we call on the Government to finally replace the outdated “ward of court” system based on the 1871 Regulation of Lunacy (Ireland) Act and to bring forward a key piece of legislation which is needed before Ireland can ratify the convention: the Assisted Decision-Making (Capacity) Bill 2013.

The Bill was published in July 2013 and introduces many important reforms; however, almost two years after its initial publication, the Bill has still not progressed to committee stage in the Dáil.

Today, thousands of people in residential centres, hospitals and in their own homes are having decisions about their lives and care made for them, not by them. Decisions like what to eat or what they may spend their money on, as well as very serious decisions like what invasive health procedures they should have.

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The Bill must be enacted without further delay to address these ongoing human rights violations. We, the undersigned have developed a series of recommendations for amendments to the Bill that would ensure the human rights of people with disabilities are protected. These reforms are based on best international practice and the guiding ethos of the UN Disability Convention. Introducing these changes to the Bill would enable the Government to honour its programme for government commitment to introduce capacity legislation in line with the UN Disability Convention.

They would also mean a huge and very real improvement to people’s lives.

We call on the Government to give fresh consideration to our proposed amendments and then quickly enact this Bill. It is time to finally give people with disabilities a voice in, and control over, their own lives.

They deserve dignity and respect. – Yours, etc, EILIONÓIR FLYNN NUI Galway, COLM O GORMAN Amnesty International Ireland; JOHN DOLAN Disability Federation Ireland, PADDY CONNOLLY Inclusion Ireland, MAGS ROGERS Neurological Alliance of Ireland, ÁINE HYNES Irish Mental Health Lawyers Association, TINA LEONARD Alzheimer Society of Ireland; GRAINNE McGETTRICK Acquired Brain Injury Ireland; SHARI McDAID Mental Health Reform, ROBIN WEBSTER Age Action, MARIA WALLS National Advocacy Service, MARY O’HORA St Patrick’s Mental Health Services JIM WALSH Irish Advocacy Network; BRIAN O’DONNELL National Federation of Voluntary Bodies, FIONA WALSH Tallaght Trialogue, LIZ BROSNAN Recovery Experts by Experience, DAVID JOYCE, Ictu.