Ireland to ratify Hague Convention on the Protection of Adults

The instrument of ratification was deposited at the end of May but the government did not announce the move until today. Emma Slattery BL previously wrote about the ratification for Irish Legal News in June.

The Convention on the International Protection of Adults, first signed by Ireland on 18 September 2008, 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.

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.

Tánaiste and foreign affairs minister Micheál Martin 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.”

Roderic O’Gorman, minister for children, equality, disability, integration and youth, said: “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.”

Anne Rabbitte, minister of state for disability, added: “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.”