Dáil Éireann Debate, Tuesday - 28 June 2016
49. Deputy Caoimhghín Ó Caoláin asked the Tánaiste and Minister for Justice and Equality her plans to commence all sections of the Assisted Decision Making (Capacity) Act 2015; the reason for the delay; and if she will make a statement on the matter. [18395/16]
View answerThe Assisted Decision-Making (Capacity) Act 2015 was signed into law by the President on 30 December 2015 but has not yet been commenced. It was indicated during the debates on the Bill in the Oireachtas that commencement of the Act is planned for the latter half of 2016 and this remains the position.
Deputies will appreciate that careful planning and groundwork, and not just funding, has to be put in to ensure that the commencement of the Act is correctly, appropriately and effectively handled. My officials are working carefully on this at present in consultation with the Department of Health and the Mental Health Commission.
A Steering Group on the Implementation of the Decision Support Service is now in place to oversee the establishment and commissioning of the Decision Support Service within the Mental Health Commission, including overseeing the recruitment of the Director of the Service and matters relating to the resourcing of the Service. The Steering Group comprises senior officials from the Department of Justice and Equality, the Department of Health and the Mental Health Commission and a key early deliverable for this group will be the transfer of personnel to the Mental Health Commission to further the startup project.
The commencement of Part 8 of the Act, which provides a legislative framework for advance healthcare directives, is a matter for the Minister for Health.
