Dáil Éireann Debate, Tuesday - 3 July 2018
208. Deputy Sean Fleming asked the Minister for Justice and Equality when the Assisted Decision Making (Capacity) Act 2015 will be commenced in all respects; and if he will make a statement on the matter. [29136/18]
View answerThe Assisted Decision-Making (Capacity) Act 2015 provides a modern statutory framework to support decision-making by adults with capacity difficulties. The Act was signed into law on 30 December 2015.
New administrative processes and support measures, including the setting up of the Decision Support Service within the Mental Health Commission (a body under the Department of Health), must be put in place before the substantive provisions of the Act can be commenced. A high-level Steering Group comprised of senior officials from the Department of Justice and Equality, the Department of Health, the Mental Health Commission and the Courts Service, together with the Director of the Decision Support Service, is overseeing the establishment and commissioning of the Decision Support Service (DSS) and this work is ongoing.
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 progress the setting up of the DSS and to enable the process of recruitment of the Director of the DSS to begin. Ms Áine Flynn was appointed Director of the Decision Support Service on 2 October 2017.
The key preparations are being put in place under the oversight of the Steering Group to allow for further commencement orders for the provisions of the 2015 Act to be made when the DSS is ready to roll out the new decision-making support options. The Director is also working in a very determined way to get the necessary staff resources, processes, IT system, expert panels, codes of practice and regulations in place in order that the Decision Support Service can be up and running as quickly as possible. There are many complex strands to this work, including involvement of multiple organisations.
Every effort is underway to ensure that the Decision Support Service has all necessary capacity to open for business as soon as possible. The Mental Health Commission has recently engaged the consultancy firm BearingPoint to support the development of a detailed, costed plan to establish a fully operational Decision Support Service. The contract also includes ongoing project management support for the design and establishment of the organisation, business processes, IT systems and risk management framework.
My Department has received an outline implementation plan from the Director which contains monthly milestones for realisation of the objective of an active DSS. As time goes on, every effort will be made by all sides to achieve tightening of the timeframes where possible and the situation will continue to be monitored closely by the Steering Group.
The 2018 Budget provides for an allocation of €3 million in the Justice and Equality Vote for the establishment of the Decision Support Service.
The commencement of Part 8 of the Act, which provides for a legislative framework for advance healthcare directives, is a matter for the Minister for Health.
