Dáil Éireann Debate, Tuesday - 16 October 2018
313. Deputy Róisín Shortall asked the Minister for Justice and Equality the financial allocation from his budget for 2019 for the decision support service; when he expects the service to be fully operational; the envisaged timescale for the full commencement of the Assisted Decision-Making (Capacity) Act 2015; and if he will make a statement on the matter. [42346/18]
View answerThe 2019 Budget provides for an allocation of €3 million in the Justice and Equality Vote for the establishment of the Decision Support Service.
The Assisted Decision-Making (Capacity) Act 2015 provides a modern statutory framework to support decision-making by adults with capacity difficulties. The Act provides for the setting up of the Decision Support Service within the Mental Health Commission.
New administrative processes and support measures, including the setting up of the Decision Support Service 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 and this work is ongoing.
The key preparations are being put in place under the oversight of the Steering Group to allow for commencement orders for the substantive provisions of the 2015 Act to be made when the Decision Support Service is ready to roll out the new decision-making support options. Ms Áine Flynn was appointed Director of the Decision Support Service on 2 October 2017. The Director is 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. While the DSS has been working towards being operational and ready for the commencement of the main provisions of the ADMC Act in early 2020, the situation will be kept under review as the preparatory work on implementation moves forward.
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.
