On 1 September 2024, the Convention of 13 January 2000 on the International Protection of Adults entered into force for Ireland, which signed it on 18 September 2008 and finally ratified it on 31 May 2024.
This involves that currently the 2000 Hague Convention is legally binding and in force for 16 States, among which Ireland is the EU Member 13th Contracting Parties to this Convention.
This step is encouraging since it shows a progress in the spread of the 2000 Hague Convention within the European Union that has been strongly envisaged by the two legislative proposals presented by the Commission on 31 May 2023 – exactly 1 year before the Irish ratification of the 2000 Hague Convention.
From the normative point of view, Ireland has made this possible through the Assisted Decision-Making (Capacity) Act 2015 as updated to 25 May 2023. In particular, its revised Part 11 allows the 2000 Hague Convention to be included in Irish law: it “(a) gives effect in the State to the Convention in so far as this Act does not otherwise do so, and (b) makes related provision as to the private international law of the State.“.
As provided under Article 28, paragraph 1 of the 2000 Hague Convention, that requires States parties to “designate a Central Authority to discharge the duties which are imposed by the Convention on such authorities“, the amended Act in its Section 113 has designated the the Director of the Decision Support Service (DSS) as Irish Central Authority under the Convention at stake. Such a service has been established in 2015 through the first version of the Assisted Decision-Making (Capacity) Act 2015 and is part of the Mental Health Commission, with a specific role in the supported decision-making processes in accordance with the United Nations Convention on the Rights of Persons with Disabilities. As far as the 2000 Hague Convention is concerned, the DSS plays a crucial role in the co-operation system, including communication and assistance services to guarantee spatial and temporal continuity of the protection of adults who “by reasons of an impairment or insufficiency of their personal faculties, are not in a position to protect their interests” (Article 1, paragraph 1 of the 2000 Hague Convention) and who, in cross-border situations, somehow get in touch also with the Irish authorities, territory or legal system (cfr. specific webpage).
In relation to jurisdiction as well as recognition and enforcement matters, the High Court is appointed to play an essential role under Chapter 2 and 4 of the amended Act (Sections from 114 to 116), in a way that is described as in compliance with the corresponding provisions of the 2000 Hague Convention.
This Irish legal reform should be welcomed as one important effort towards the harmonisation and efficiency of the protection of the so-called “vulnerable adults” involved in cross-border situations, which has the potential to inspire and encourage other States to proceed in the same direction.