Submission into Reform of Mental Capacity Laws

Barnardos welcomes the opportunity to feed into the reform of the mental capacity laws. Reform of the 1871 Lunacy Ireland Regulation Act has been mooted for a long time, most recently in 2008 when the then Minister for Justice proposed a Mental Capacity Bill. However, this was never progressed and Barnardos hopes that the current opportunity for reform is not wasted but rather creates modern legislation that protects and supports those covered within the Act. This includes people with intellectual disabilities, persons suffering from dementia or mental illness and persons who have acquired brain injuries through trauma or accident. While the legislation largely applies to adults, it does have implications for children and Barnardos would like to highlight these in order to inform the proposed reform of the 1871 legislation.

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