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Legislative Measures

Dáil Éireann Debate, Tuesday - 18 December 2018

Tuesday, 18 December 2018

Questions (252)

John Brassil

Question:

252. Deputy John Brassil asked the Minister for Justice and Equality the status of the drafting of the regulations and codes of practice required under the Assisted Decision-Making (Capacity) Act 2015, excluding Part 8; and if he will make a statement on the matter. [52707/18]

View answer

Written answers

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 preparation of codes of practice under the Assisted Decision-making (Capacity) Act 2015 is a matter for the Director of the Decision Support Service. Section 103 of the 2015 Act provides that the Director may prepare and publish a code of practice, request another body to prepare a code of practice or approve a code of practice prepared by another body.

The National Disability Authority (NDA) is currently finalising its work on the suite of draft codes of practice in relation to non-healthcare matters. The NDA recently submitted a number of draft codes to the Director of the Decision Support Service for her consideration.

In September 2018 the Director formally requested the Health Executive Service to develop draft codes of practice for health and social care professionals under section 103(2)(i), 103(2)(ix) and 103(2)(xi). Work on these codes is on-going.

The preparation of the regulations and the codes of practice will facilitate the subsequent commencement of the substantive provisions of the Assisted Decision-Making (Capacity) Act and the rolling out of the new decision-making support arrangements provided for in the Act.

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