I 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.