Dáil Éireann Debate, Wednesday - 24 October 2018
197. Deputy Éamon Ó Cuív asked the Minister for Justice and Equality the progress made since 27 June 2018 on the full implementation and commencement of the various sections of the Assisted Decision-Making (Capacity) Act 2015; and if he will make a statement on the matter. [44147/18]
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 (MHC) 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 Steering Group meets approximately once a month to monitor progress.
The Director of the DSS 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 DSS 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 DSS has all necessary capacity to open for business as soon as possible. In April 2018, the MHC 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.
The MHC has in recent weeks received sanction for the recruitment of a number of staff for the DSS and also a number of staff to provide shared services for the MHC and DSS. The MHC proposes to recruit these staff on a phased basis between now and 1 January 2020.
The National Disability Authority is currently finalising its work on the suite of draft codes of practice in relation to non-healthcare matters which are required to be prepared under section 103 of the Assisted Decision-Making (Capacity) Act 2015.
In June 2018, my Department recruited an external legal expert to assist in the preparation of draft regulations in relation to decision-making assistance agreements, co-decision-making agreements, certain matters relating to decision-making representatives, and enduring powers of attorney. These regulation-making powers are provided for in sections 10(4), 31, 45(3), 45(4), 46(3) and 79 of the Assisted Decision-Making (Capacity) Act 2015. Work on the draft regulations is ongoing.
The 2019 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 Assisted Decision-Making (Capacity) Act, 2015, which provides a legislative framework for advance healthcare directives (AHDs) is a matter for the Department of Health which has provided me with the following response:
An AHD is a statement made by a person with capacity setting out his or her will and preferences regarding treatment decisions that may arise in the future when he or she no longer has capacity.
Under section 91 of the 2015 Act, the Minister for Health is responsible for the establishment of a multidisciplinary working group to assist in the development and preparation of the Code of Practice for the AHD provisions of the Act. The Minister for Health established this multidisciplinary working group on 17th of October 2016 under section 91(2) of the 2015 Act. The role of the working group is to prepare a detailed series of recommendations for the Director of the Decision Support Service, in relation to codes of practice and this process is ongoing. The Director will subsequently prepare a Code(s) of Practice and will submit it to the Minister for Health for his approval and, with the Minister for Health's consent, the Director will then publish the Code of Practice.
The preparation of the Code of Practice will facilitate the subsequent commencement of Part 8 of the Act, pertaining to AHDs, in its entirety.
