From Department of Children, Equality, Disability, Integration and Youth
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The Convention will take effect in Ireland from 1 September.
The Tánaiste, Minister for Foreign Affairs and Minister for Defence, Micheál Martin, the Minister for Children, Equality, Disability, Integration and Youth, Roderic O’Gorman, and Minister of State for Disability, Anne Rabbitte, have today announced that Ireland has ratified the Convention on the International Protection of Adults, known as the Hague Convention on the Protection of Adults.
The announcement follows the deposit of the instrument of ratification to the Ministry of Foreign Affairs of the Netherlands, and notification to the Permanent Bureau of the Hague Conference on Private International Law.
The Convention was first signed by Ireland on 18 September 2008, and the instrument of ratification was deposited on 31 May 2024. The Convention will enter into force in the State from 1 September 2024.
The Hague Convention on the Protection of Adults provides for greater legal harmonisation, cooperation and communication among Contracting States to the Convention, ensuring that persons lacking capacity abroad are protected in international situations.
The main purpose of the Convention is to:
1. To provide uniform rules on the jurisdiction for the protection of adults and their property.
2. To determine which law is to be applied when an authority is exercising jurisdiction.
3. To determine the law applicable to representation of the adult.
4. To provide for recognition and enforcement of measures of protection.
5. To establish co-operation between the authorities of the Contracting States.
Under the terms of the Convention, each Contracting State is obliged to nominate a Central Authority to discharge certain duties, and the Decision Support Service (DSS) will act as the Central Authority for Ireland. The DSS has undertaken the necessary preparations in advance of ratification, and will be fully ready to act from 1 September 2024.
Welcoming Ireland’s ratification of the Hague Convention, the Tánaiste said:
“I very much welcome the ratification of the Convention on the International Protection of Adults. It represents an important step in providing for the protection, in international situations, of the interests of adults who lack capacity, both in Ireland and abroad.
“I wish the Decision Support Service the very best in their role as the Central Authority for Ireland.”
Recognising the important step in meeting Ireland’s international obligations, Minister for Children, Equality, Disability, Integration and Youth, Roderic O’Gorman, stated:
“Following the commencement of the landmark Assisted Decision-Making legislation last year, this marks another important milestone in the protection of adults who may lack capacity.
This also presents Ireland with another opportunity to further our engagement with our international peers, to ensure a rights based and person centred approach to capacity, ensuring the protection of Irish citizens abroad.
I have no doubt that the Decision Support Service will embrace its new role as Central Authority for the State on matters concerning the Convention, which will complement its existing statutory responsibilities under Assisted Decision-Making.”
Minister of State for Disability, Anne Rabbitte, has also welcomed the announcement, noting:
“It’s fantastic to see the ratification of this Convention, and it shows that Ireland is willing to stand up for the rights of its citizens abroad, where they may need support during a difficult period in their lives.
People who lose capacity are entitled to support to make important decisions affecting their everyday lives, and these people when they are abroad is something which we should be doing, and I strongly support that.
I wish the Decision Support Service the very best in their new role, and I know that they will play a positive role acting as the Central Authority on behalf of the State .”
Note for Editors:
• The Hague Conference on Private International Law (HCCH) is a global, intergovernmental organisation, set up to progressively unify the rules of private international law through instruments such as conventions and it has 91 members.
• Under the auspices of HCCH, the Convention on the International Protection of Adults was concluded in 2000. The Convention currently has 16 Contracting States (i.e. States that are now bound by the Convention) and a further four States have signed the Convention, but have not yet ratified it.
• The Convention was signed by Ireland, subject to ratification, on 18 September 2008.
• Following ratification, the Convention will enter into force in the State from 1 September 2024.
• The commencement of Part 11 of the Assisted Decision-Making (Capacity) Act 2015, as amended, on 26 April 2023, gave effect to the Convention in Irish law.
• The Decision Support Service (DSS) will act as the Central Authority for Ireland, and will hold certain functions to ensure the smooth operation of the Convention in the State.
• The DSS has undertaken necessary preparations in advance of ratification.
• The High Court will take responsibility for matters relating to the Convention as regards inter-judicial and inter-jurisdictional arrangements.
• The Convention has five main objectives –
1. To provide uniform rules on the jurisdiction for the protection of adults and their property.
2. To determine which law is to be applied when an authority is exercising jurisdiction.
3. To determine the law applicable to representation of the adult.
4. To provide for recognition and enforcement of measures of protection.
5. To establish co-operation between the authorities of the Contracting States
Further information on the HCCH and the Convention can be located on the HCCH website here.