Rights of Persons with Disabilities

Right of Persons with Disabilities

30th March, 2010 Order of Business (edited version)

Senator Rónán Mullen:    There are pressing justice issues which should be of concern to us. Where is the justice for a young woman with Down’s syndrome who is blocked from giving evidence in court against her alleged attacker on the grounds that she lacks the mental capacity to give evidence? As everyone knows, this is what happened to Laura Kelly. The Lunacy Regulation (Ireland) Act 1871 does not define “capacity” or provide guidelines. It is arguable that the judge could have allowed her to give evidence but given a corroboration warning to the jury. Even in that instance there is a debate to be held because in 1990 the Law Reform Commission recommended that juries not receive corroboration warnings in such cases, but in case law Judge Hardiman in the DPP v. Molloy in 1995 stated that matter about which a jury should be advised was the child-like mental capacity of a person giving evidence. Whether or which, we should leave the matter to the common sense of juries; people should certainly be in a position to give evidence. We should also note that if we are to ratify the United Nations Convention on the Rights of Persons with Disabilities, we will need to comply with Article 13 of the convention which requires state parties to ensure effective access to justice for persons with disabilities. Will the Leader bring the Minister for Justice, Equality and Law Reform to the House to tell us when, where and how this might be achieved?