Clare Daly
Question:80. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality when she will commence the Assisted Decision-Making (Capacity) Act 2015; and if she will make a statement on the matter. [31654/16]
View answerTuesday, 25 October 2016
Questions (80, 154)
Jim O'Callaghan
Question:154. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality when the Government intends to bring the Assisted Decision-Making (Capacity) Act 2015 before Dáil Éireann. [31997/16]
View answerWritten answers
I propose to take Questions Nos. 80 and 154 together.
The Assisted Decision-Making (Capacity) Act 2015 completed its passage through both Houses of the Oireachtas on 17 December 2015 and was signed into law on 30 December 2015. The Act provides a modern statutory framework to support decision-making by adults with capacity difficulties.
Commencement of the Act will take place on a phased basis. New administrative processes and support measures, including the setting up of the Decision Support Service within the Mental Health Commission (which is a body under the Department of Health), must be put in place before the substantive provisions of the legislation come into force. Careful planning and groundwork, and not just funding, has to be put in place to ensure that the commencement of the Act is correctly, appropriately and effectively handled. My Department is working carefully on this at present in consultation with the Department of Health and the Mental Health Commission. A high-level Steering Group comprising senior officials from my Department, the Department of Health and the Mental Health Commission is overseeing the establishment and commissioning of the Decision Support Service.
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.
The Assisted Decision-Making (Capacity) Act 2015 (Commencement of Certain Provisions) Order 2016 (S.I. No. 515 of 2016), brought some provisions of Part 1 (Preliminary and General) and Part 9 (Director of the Decision Support Service) of the Act into operation on 17 October 2016. In consultation with the Minister for Health, I brought these provisions into operation in order to enable the process of recruitment of the Director of the Decision Support Service to begin. It is intended that the Mental Health Commission will begin the process of recruiting a Director as quickly as possible.
The Minister for Health, under the Assisted Decision-Making (Capacity) Act 2015 (Commencement of Certain Provisions) (No. 2) Order 2016 (S.I. No. 517 of 2016), brought into operation on 17 October 2016 some provisions of Part 8 of the Act relating to advance healthcare directives. The commenced provisions provide for the establishment by the Minister for Health of a multidisciplinary group to advise in relation to codes of practice on advance healthcare directives.