Skip to main content
Normal View

Assisted Decision Making

Dáil Éireann Debate, Tuesday - 15 October 2019

Tuesday, 15 October 2019

Questions (298)

Thomas P. Broughan

Question:

298. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if funding has been secured to enable the roll-out of the decision support service provided for in the Assisted Decision-Making (Capacity) Act 2015. [42338/19]

View answer

Written answers

The 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 but has not yet been fully commenced. The Act provides for the establishment of 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).

The Decision Support Service is working towards being operational and ready for the commencement of the main provisions of the Act. Work is continuing to ensure that the necessary staff resources, processes, IT system, expert panels, codes of practice and regulations will be in place so that the Decision Support Service will have the capacity to be up and running effectively. There are many complex strands to this preparatory work, including the involvement of multiple organisations.

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.

A number of provisions of the 2015 Act were commenced in October 2016 in order to progress the setting up of the Decision Support Service. The Assisted Decision-Making (Capacity) Act 2015 (Commencement of Certain Provisions) Order 2016 (S.I. No. 515 of 2016) commenced provisions of the Act to enable the recruitment of the Director of the Decision Support Service. Ms Áine Flynn was appointed Director of the Decision Support Service on 2 October 2017.

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.

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 Decision Support Service is ready to roll out the new decision-making support options.

The 2018 Budget provided for an allocation of €3 million in the Justice and Equality Vote for the Decision Support Service in a new subhead D. 10 of the Justice and Equality Vote. €2.111 million of the 2018 allocation was drawn down. €3.5 million was allocated for the Decision Support Service for 2019. The 2020 Budget provides for an allocation of €3.5 million for the Decision Support Service.

Top
Share