Dáil Éireann Debate, Tuesday - 8 December 2020
434. Deputy Jennifer Whitmore asked the Minister for Children, Equality, Disability, Integration and Youth the target year and quarter he is working to for the commencement of Part 6 of the Assisted Decision-Making (Capacity) Act 2015 which deals with the review of wards of court and the repeal of the Lunacy Regulation (Ireland) Act 1871 and the Marriage of Lunatics Act 1811. [41849/20]
View answer435. Deputy Jennifer Whitmore asked the Minister for Children, Equality, Disability, Integration and Youth the target month she is working to in relation to the publication of the assisted decision-making (capacity) (amendment) Bill. [41850/20]
View answer436. Deputy Jennifer Whitmore asked the Minister for Children, Equality, Disability, Integration and Youth the target month for the commencement of section 3 of the Assisted Decision-Making (Capacity) Act 2015 on the assessment of capacity and the commencement of section 8 on guiding principles. [41851/20]
View answer437. Deputy Jennifer Whitmore asked the Minister for Children, Equality, Disability, Integration and Youth the target month for the commencement of the disability (miscellaneous provisions) Bill to make the necessary amendments to a number of pieces of legislation to comply with the UNCRPD; and if it will be before the date that Ireland submits its first report to the UN General Committee. [41852/20]
View answer438. Deputy Jennifer Whitmore asked the Minister for Children, Equality, Disability, Integration and Youth the target date for the commencement of public consultation on the draft codes of practice for the Assisted Decision-Making (Capacity) Act 2015. [41853/20]
View answer441. Deputy Catherine Connolly asked the Minister for Children, Equality, Disability, Integration and Youth the number of persons taken into wardship since the passing of the Assisted Decision-Making (Capacity) Act 2015; the reasons given for taking each of these persons into wardship; the breakdown of the wardship decisions made following an application by the HSE, by a family member and by the solicitor of the person; and if he will make a statement on the matter. [41131/20]
View answer442. Deputy Catherine Connolly asked the Minister for Children, Equality, Disability, Integration and Youth the status of the work of the steering group overseeing the establishment and commissioning of the decision support service; when the service will be operational; and if he will make a statement on the matter. [41132/20]
View answer457. Deputy Seán Canney asked the Minister for Children, Equality, Disability, Integration and Youth his plans to introduce legislative reform of the Assisted Decision-Making (Capacity) Act 2015; and if he will make a statement on the matter. [41765/20]
View answerI propose to take Questions Nos. 434, 435, 436, 437, 438, 441, 442 and 457 together.
My Department has recently expanded following the formation of the Government in June and now includes Disability under its remit. The Assisted Decision-Making (Capacity) (Amendment) Bill and the Disability (Miscellaneous Provisions) Bill are two pieces of legislation which will be progressed in 2021 and resources have been allocated accordingly. My officials are actively working on both Bills. However, it is not possible at this time to indicate a precise date for the publication of either Bill. I am pressing for publication of both as soon as possible.
The Assisted Decision-Making (Capacity) Act 2015 was signed into law on 30 December 2015. Since that time there have been 1,596 wards of court declared under the existing wardship system as follows:
Wards Declared
|
Year |
Number |
|
2020 to mid Nov. |
269 |
|
2019 |
385 |
|
2018 |
327 |
|
2017 |
325 |
|
2016 |
290 |
The amendment Bill will, when enacted, allow for the commencement of outstanding areas of the Assisted Decision-Making (Capacity) Act 2015 including the provisions in relation to wardship. In the meantime, the establishment of the Decision Support Service (DSS) is going ahead, as far as possible, with the assistance and oversight of a high-level Steering Group comprising senior officials from my Department, the Department of Health (DoH), the Mental Health Commission, the Courts Service and the HSE, together with the Director of the DSS. The Steering Group continues to meet monthly and work is ongoing in the DSS, the Courts Service, DoH, and the HSE in order to be ready for commencement. My Department has, through the Estimates process, sought and received increased funding in 2021, bringing the budget of the DSS to €5.8 million for the year. This will allow the DSS to work towards the commencement of services. The timeline for the DSS to become fully operational, with all legislative provisions in place and commenced, is mid-2022. The consultation process on the draft codes of practice will be a matter for the Decision Support Service.
