Ireland has ratified an international agreement on the protection of adults, known as the Hague Convention on the Protection of Adults.

The convention provides for greater legal harmonisation, co-operation, and communication among countries to ensure that people lacking capacity abroad are protected in international situations.

It 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.

Uniform rules

The main purposes of the convention are:

• To provide uniform rules on the jurisdiction for the protection of adults and their property,
• To determine which law is to be applied when an authority is exercising jurisdiction,
• To determine the law applicable to representation of the adult,
• To provide for recognition and enforcement of measures of protection, and
• To establish co-operation between the authorities of the contracting states.

Each state that ratifies the agreement is obliged to nominate a central authority to discharge certain duties, a role which will be taken by the Decision Support Service (DSS) in Ireland.

'Important step'

The High Court will take responsibility for inter-judicial and inter-jurisdictional matters relating to the convention.

Welcoming the move, the Tánaiste Micheál Martin (pictured) described it as “an important step in providing for the protection, in international situations, of the interests of adults who lack capacity, both in Ireland and abroad”.

Roderic O’Gorman (Minister for Children, Equality, Disability, Integration and Youth) described the ratification as “another important milestone”.