A Child Rescue Ireland system should be introduced as a matter of urgency, according to a report on missing persons by the Oireachtas Joint Committee on Justice, Defence and Equality. This is a similar system to the internationally recognised amber alert system which will be used ‘when a child has been abducted and there is a reasonable suspicion of an immediate and serious risk to his or her health or welfare’.

The Report of hearings in relation to Missing Persons also recommends the establishment of a single helpline for those wishing to report a missing person. This telephone line should be staffed by fully trained personnel who can take all the necessary details and make the appropriate initial enquiries. This could avoid delays in the commencement of any investigation.

A national forum consisting of Gardaí, relevant State bodies and recognised NGOs that work in the area of missing persons should be established to ensure a viable, agreed and co-ordinated response system is put in place. The Committee was told that the State had produced the Irish national maritime search and rescue framework and that a similar framework needed to be implemented in relation to land-based situations.

Among the other key recommendations are:

· The possible involvement of mobile phone service providers in the provision of an alert system for missing persons;
· Examining the feasibility of a register of unidentified remains including, if possible, the use of DNA;
· Strengthening relationships and cooperation between an Garda Síochána and other police forces internationally;
· A public information process, perhaps including the delivery of a factsheet to all homes in the State providing details of helplines etc.;
· The establishment of a National Missing Persons Day;
· The provision of a place of remembrance for the families of Missing Persons.

Chairman of the Committee, David Stanton TD, said: “The never ending deep trauma, worry and sense of loss arising from not knowing how or why a loved one has gone missing, what has happened to him or to her, whether he or she is still alive or not was emphasised to and was appreciated by Committee Members.

The Committee strongly backs suggestions that were made to help raise public awareness and public assistance in searching for those who have gone missing. We are also aware of the need to explore further how to help and support families and those left behind.

I strongly agree with the proposals that a National Missing Persons Day be established, a single national telephone helpline/contact point be set up and that Child Rescue Ireland system should be introduced as a matter of urgency. More and improved coordination between various agencies involved in searching should be promoted and supported.

The Committee wishes to place on record our appreciation and thanks to the many groups and individuals who make themselves available, many on a voluntary basis, and who carry out searches and other work, often in difficult conditions.

I hope that our Report will make a meaningful contribution to help raise public awareness and public assistance in searching for those who have gone missing and in supporting families and friends.

The Gardai have acknowledged the assistance of numerous voluntary organisations that provide support and help and in particular the contributions of young people. One of the contributors to the Committee was Davis College, Mallow, Co Cork. Students from this college undertook the ‘Forget Me Not’ campaign as part of their transition year project to raise awareness of the issue of missing persons in Ireland. This campaign was a resounding success and is a credit to all of those who took part.

I believe that this project, for which Davis College recently won first place at the National Final of the Young Social Innovators Awards, should be considered by other schools which have transition year and would raise public awareness of missing persons nationally.”

Click here to view Committee Chairman discussing the report: http://youtu.be/-72ckrkWw2I

To view the report click on the following link: http://bit.ly/KHILOZ

ENDS

For further information please contact:

Ciaran Brennan,
Houses of the Oireachtas,
Communications Unit,
Leinster House,
Dublin 2
P: +3531 618 3903
M: 086-0496518
F: +3531 618 4551

Committee Membership

Deputies:

Dara Calleary, Michael Creed, Alan Farrell, Anne Ferris [Vice-Chairman],Tom Hayes, Seán Kenny, Finian McGrath, Jonathan O’Brien and David Stanton (Chairman)

Senators:

Ivana Bacik, Paul Bradford, Martin Conway, Rónán Mullen, Denis O’Donovan.

Notes to the editor:

The following organisations made a presentation to the Committee:

An Garda Síochána
Search and Rescue Dog Association of Ireland (SARDA)
Missing Persons Helpline
Trace Missing Persons Ireland
Mountain Rescue Ireland
Searching for the Missing
Davis College, Mallow, Co. Cork

A human rights-based approach to legal capacity is not currently prevalent despite pockets of good practice, according to a new report on the proposed Mental Capacity Legislation from the Oireachtas Joint Committee on Justice, Defence and Equality.

There is a critical role for an Office of Public Guardian or equivalent – in terms of codes of practice, education and support – to ensure that the rights of individuals are protected, the report found. The emphasis should be on supported decision making rather than substitute decision making. As such, the title of the Office of Public Guardian as provided for in the Bill should be amended to reflect the goal of supporting as opposed to substituting legal capacity, the Committee concluded.

A legal framework is needed for these supports and safeguards, which ensures that supports offered are voluntary, proportional and tailored to the person’s circumstance and free of conflict of interests and apply for the shortest time possible so that the will and preferences of people with disabilities are respected.

Among the Committee’s observations on the proposed legislation are:

· The use of language must not be forgotten and is probably as important as the content of the Bill. Language has the potential to cause difficulty and offence as it creates labelling, which creates division and inequality.

· Concerns were raised by the use of the best interests model. It was stated to the Committee that this is a model of the past. It demonstrates the paternalistic view of trying to determine what the best interests of a person are, even of a person who can decide for himself or herself what his or her best interests are.

· When assessing one’s capacity the Committee was told that deciding on someone’s capacity in a court was not an appropriate setting. The general feeling was that a more appropriate setting would be a flexible informal tribunal which can meet with the persons in their own setting, at a time which is suitable and most effective to them and with the appropriate supports to maximise their capacity.

· The Committee was very concerned to learn that some of the most basic human rights are not afforded to those whose capacity is called into question. The Committee was told that without legal capacity, one cannot marry, have a family, manage their own money, make medical decisions, have a sexual relationship, decide where to live, enter into contracts or vote.

· The Committee was told that the approach with the current wardship system must be rejected. It is hoped that the wardship system will change with the incorporation of new legislation.

· It was put to the Committee that legislation must be based on supported decision making. The result of excluding people from making their own decisions can be devastating. Personal guardians or substitute decision makers should only become involved as a last resort.

· Currently there is no legislation on advanced care directives so these, if they exist, cannot be enforced by a doctor or hospital. It was suggested that the legislation should include provision for such directives.

· The Committee was told that there is a hierarchy of decisions ranging from what a person will have to drink to buying a house. The legislation should reflect this. Currently, when one’s capacity is assessed, there is an ‘all or nothing’ approach.

· It was suggested to the Committee that the role of ‘special visitors’ should be based on expertise rather than profession.

· The Committee was told that some research in other jurisdictions has shown a frightening degree of overuse of anti-psychotic drugs in people with dementia in nursing homes and other institutions as a form of behavioural control. The lack of a robust regime is critical in this regard.

· When assessing person’s capacity, care must be taken that we do not set the bar too high. The legislation could set the bar far higher for people with disabilities and other conditions than we set for ourselves.

· Currently there is no legislation on advanced care directives so these, if they exist, cannot be enforced by a doctor or hospital. It was suggested that the legislation should include provision for such directives.

Chairman of the Committee, David Stanton TD, said: “This has been a very long and difficult process given the complexity of the topic. However, it is essential that the whole area of capacity is reformed. Our present legal framework on capacity derives from legislation in the 19th Century, the Lunacy Act of 1871, and is totally inadequate to meet modern standards. It is also insufficient to meet our international commitments under the UN Treaty on the Rights of Persons with Disabilities which was signed by Ireland in 2007.

In light of all the medical advances and changes in social attitudes which have taken place since the 19th Century, it is imperative that the law is updated to reflect the principles of a modern society. During the Committee hearings on legal capacity, I was particularly struck by the profound and negative impact the law as it currently stands can have on the daily lives of some of our most vulnerable citizens.

It is important that all parties involved in this area should continue the superb work and support that they provide and I hope that any new legislation will address many of the concerns raised. I would like to thank all of those who took part in this process. All points raised in submissions have been noted and the report will be sent to the Minister as requested. I hope it will make a meaningful contribution to the development of modern and effective capacity legislation.”

To view the report, click on following link: http://bit.ly/JyYcXh (Note large file size of 109MB)

Click here to view Committee Chairman David Stanton discussing the report: http://youtu.be/eqkKntobMgg

ENDS

Chairman of the Committee, Deputy David Stanton said: “The recent incident in which a prisoner escaped from the low security Loughan House prison in Cavan earlier this month highlighted the issue of transferring prisoners to these facilities.

“Our meeting today was an opportunity for Members of the Committee to outline any concerns or issues they may have on the issue of prisoner transfers. It provided a valuable contribution to our understanding of the issue.

“It also gave us a chance to discuss the Prison Service’s overall policy and procedures for transferring prisoners and examine the decision-making process behind prison transfers.

“The Committee acknowledges the Director General’s acceptance that, in this particular case, mistakes were made. It was a positive, frank and constructive discussion and gave us a valuable insight into the Prison Service’s work, in particular prisoner transfers.

“The Committee recognises the difficult and sometimes dangerous work undertaken by the staff of the prison service and does not wish this incident to take from the service provided by prison staff.

“I would like to thank representatives from the Prison Service for attending today’s committee meeting and hope that this regrettable incident will not overshadow the exceptional work done by the Prison Service.

“It is important that members of the public and victims of crime are assured that society is protected from those involved in criminal behaviour and that prison acts as a deterrent to those involved in crime.

“It is also important to put on record that members of the Oireachtas fully support the work of the Prison Service and the Garda Síochána in the difficult and sometimes dangerous work that they undertake on behalf of the State.”

Chairman of the Committee, Deputy David Stanton said: “Every year, between 7,000-8,000 people are reported missing to the Gardai – almost 20 a day. While the majority of these cases are resolved and most people turn up unharmed after a short time, a small number of cases remain unresolved every year. This leads to much anxiety, worry, heartbreak and uncertainty for their families, friends and loved ones. Tomorrow, we will meet with a number of groups on the frontline of dealing with missing people. It will provide them with an opportunity to outline the scale of the problem and provide details on the challenges and issues they face in dealing with the issue of missing people.”

This meeting will take place tomorrow, Wednesday 28th March, in Committee Room 2, Leinster House 2000 at 2.30pm.

Committee proceedings can be followed live at:
http://www.oireachtas.ie/ViewDoc.asp?fn=/documents/livewebcast/Web-Live.htm&CatID=83&m=o