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Legislative Measures

Dáil Éireann Debate, Tuesday - 24 May 2016

Tuesday, 24 May 2016

Questions (80)

Brendan Griffin

Question:

80. Deputy Brendan Griffin asked the Tánaiste and Minister for Justice and Equality when she will bring the Assisted Decision-Making (Capacity) Act 2015 into effect; and if she will make a statement on the matter. [11497/16]

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Written answers

The Assisted Decision-Making (Capacity) Act 2015 was signed into law by the President on 30 December 2015 but has not yet been commenced. New administrative processes and support measures, including the setting up of the Decision Support Service within the Mental Health Commission, must be put in place before the legislation comes into force. The Mental Health Commission is an agency under the Department of Health, and the Department of Justice & Equality will be liaising with the Department of Health in bringing the service into operation, including in respect of the financial implications. It was indicated during the debates on the Bill in the Seanad that commencement of this Act is planned for the latter half of 2016 and this remains the position.

The Deputy will appreciate that careful planning and groundwork has to be put in place to ensure the commencement of the legislation is correctly, appropriately and effectively handled. In this regard, my Department recently engaged in a high level meeting with the Department of Health in order to progress the process of getting the Decision Support Service up and running as soon as possible through co-operation between the two Departments.

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