Dáil Éireann Debate, Tuesday - 29 November 2016
85. Deputy Josepha Madigan asked the Tánaiste and Minister for Justice and Equality the reason the Assisted Decision-Making (Capacity) Act 2015 has not yet been commenced; and the timeline for commencement. [37596/16]
View answerThe Assisted Decision-Making (Capacity) Act 2015 was signed into law on 30 December 2015. The Act provides a modern statutory framework to support decision-making by adults with capacity difficulties.
The Act is being commenced on a phased basis and it is my intention that the new decision-making support options provided for in the Act will be substantially implemented during 2017. 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 Act 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 comprised of 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. My Department is liaising with the Department of Health and the Department of Public Expenditure and Reform regarding the finalisation of funding for the Decision Support Service in 2017.
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. These provisions were brought into operation in order to enable the process of recruitment of the Director of the Decision Support Service to begin. Sanction for the appointment of the Director of the Decision Support Service has been sought by the Department of Health and the intention is that the Mental Health Commission will begin the process of recruiting a Director as quickly as possible.
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 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 multi-disciplinary group to advise in relation to codes of practice on advance healthcare directives.
