Dáil Éireann Debate, Tuesday - 31 January 2017
99. Deputy Kevin O'Keeffe asked the Tánaiste and Minister for Justice and Equality the timeframe for the commencement of Parts of an Act (details supplied); and if her attention has been drawn to the hardship and complicated process being experienced by persons affected by this Act. [3940/17]
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. It will repeal the Marriage of Lunatics Act 1811 and the Lunacy Regulation (Ireland) Act 1871. The current wards of court system will be phased out.
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.
As the Deputy is aware, 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.
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.
In relation to wards of court, the Act provides that adults currently in wardship will transition to the new decision-making support arrangements provided for in the Act on a phased basis over 3 years from the commencement of Part 6 of the Act. Once Part 6 is operational, each ward will be reviewed by the wardship court in accordance with the new system. A ward who is found to have capacity will be discharged from wardship. A ward who continues to have capacity needs will be discharged from wardship and offered the decision-making support option most appropriate to his or her needs.
