Written Answers Nos. 1200-1218
1200. Deputy Paul McAuliffe asked the Minister for Social Protection if a review of the case of a person (details supplied) will be carried out following the provision of new information; and if she will make a statement on the matter. [20692/21]
View answerThe Insolvency Payments Scheme operates under the Protection of Employees (Employers’ Insolvency) Act 1984, which derives from EU Directive 80/987 and associated amending Directives (Directives 87/164, 2002/74 and 2008/94).
Responsibility for this legislation transferred to the Minister for Enterprise Trade & Employment on 14 October 2020.
As provided for within legislation, the Insolvency Payment Scheme confines compensation from the scheme to employees of companies that are in a formal wind-up procedure. This includes companies in liquidation or receivership, in situations where the employer has died and the estate is insolvent, or where an employer has been declared bankrupt.
However, the legislation does not provide for situations where an employer ceases to trade without engaging in any formal wind-up process. In such cases, referred to as ‘informal insolvency’, former employees may claim to have monies owed to them paid from the Insolvency Payments Scheme, without being covered under a legal mechanism.
In December 2018, followed the Glegola Supreme Court judgment it was ruled that the Irish law did not transpose Directive 2008/94 correctly into Irish law. The Supreme Court found that the Directive requires Member States to have a mechanism allowing a competent authority to determine that a state of insolvency arises. This would permit an employee's claim to be met from the Social Insurance Fund without a winding up order, such as in this case being raised.
As a consequence, it became clear that this legislation needs to be reviewed and revised so that situations of informal insolvency can be accommodated. My Department and more recently the Department of Enterprise, Trade and Employment has been working with relevant stakeholders to evaluate the implications of the judgement and the broader implications for company law. It is clear that there are a number of legal complexities to be addressed involved in providing access to coverage under the insolvency payments scheme to employees who are in this situation. The issue is being currently examined by the Minister for Enterprise Trade and Employment.
My Department continues to have responsibility for processing insolvency application within the legal provisions as appropriate. My officials have reviewed the additional information supplied; it does not indicate any change in the position as previously outlined to the person concerned.
Any application in the future will fall to be considered under any new legislation brought forward by the Minister for Enterprise , Trade and Employment. The position can be reviewed at that stage.
I trust this information clarifies matters.
1201. Deputy Colm Burke asked the Minister for Social Protection the reason her Department treated a home loan account amounting to €178,000 from a financial institution as a deposit account in calculating the eligibly of a person (details supplied) to disability allowance; and if she will make a statement on the matter. [20716/21]
View answerFollowing a review of entitlement to Disability Allowance (DA) of the person concerned, it was found that he had means in excess of the statutory limit from 21 April 2021. Based on information provided to my Department, a subsequent review of his entitlement has been carried out and he has been awarded a reduced rate of disability allowance (DA) from that date. The person concerned will also retain their free travel pass.
A letter issued to the person concerned informing him of this on 16 April 2021. Payment at the revised rate will issue to his bank account on 21 April 2021.
I trust this clarifies the matter for the Deputy.
1202. Deputy John McGuinness asked the Minister for Social Protection the efforts her Department is making to achieve gender balance on all State boards and agencies under the remit of her Department; if she will set out the changes achieved to date on each; if 50% of the membership of all boards, policy groups or agencies that provide advice to Government on matters of policy will be reserved for appropriately qualified individuals from the private sector in order to achieve a balance between the public and private sectors; and if she will make a statement on the matter. [20733/21]
View answerThe statutory bodies operating under the aegis of my Department are the Citizens Information Board, the Pensions Authority, the Pensions Council and the Social Welfare Tribunal.
Citizens Information Board
The legislative provisions governing appointments to the Citizens Information Board are contained in the Comhairle Act 2000, the Citizens Information Act 2007 and the Social Welfare and Pensions Act 2011. In accordance with its governing legislation, the Citizens Information Board shall comprise of 15 members, including the Chairperson, with the objective that at least six of those members shall be women and at least six members shall be men. Currently, there are 14 board members appointed, comprising of seven female and seven male members. There is one ex-officio member on the Board from the Department of Social Protection.
Pensions Authority
The membership of the Pensions Authority consists of an independent Chairperson, appointed by the Minister for Social Protection and two ex-officio members representing the Department of Finance and the Department of Social Protection. All current members of the Pensions Authority are male. With only three members in total, the Authority is structurally unable to meet the State Boards' gender balance guidelines of a minimum 40% from either gender.
Pensions Council
The current membership of the Pensions Council consists of five female and six male members, which is in line with the aforementioned State Boards' gender balance guidelines. The majority of the Pensions Council are appointed through the Stateboards.ie process, with the Chairperson appointed by the Minister for Social Protection.
The membership of the Pensions Council has been constituted to include persons working within the pension industry and other sectors so as to ensure that the relevant skills, specialist knowledge and experience is in place to allow for the provision of collective advice, information and assistance in the development of pensions policy. Due to the implications of pensions on the Irish economy and society into the future, there are ex-officio appointments from the Pensions Authority, Department of Public Expenditure and Reform, Central Bank and the Department of Social Protection.
Social Welfare Tribunal
The Social Welfare Tribunal consists of a Chairperson and four ordinary members, two ordinary members on the nomination of ICTU and two ordinary members on the nomination of IBEC. Membership of the Tribunal currently consists of a Chairperson (male), in addition to two female and two male ordinary members, none of whom are public servants.
1203. Deputy Willie O'Dea asked the Minister for Social Protection if she has considered extending the two year term that businesses are eligible to receive grant aid under jobs plus scheme in view of the significant financial pressure many businesses are under due to the Covid-19 pandemic and in order to retain as many jobs plus employees as possible in the workforce; and if she will make a statement on the matter. [20786/21]
View answerJobsPlus is a subsidy paid to employers who recruit long-term unemployed people for new positions in their workplace. Employers can avail of JobsPlus when filling new positions or positions that arise as a consequence of natural turnover and receive a subsidy of €7,500 or €10,000 per employee. The value of the grant is dependent on the age of the new employee and their duration of unemployment, over a two-year period of employment.
All employers supported through the JobsPlus scheme will receive their full period of entitlement of 24 months. This includes business whose JobsPlus was suspended while they availed of the Employment Wage Subsidy Scheme during Covid related restrictions. Where an employer's JobsPlus was suspended, they can avail of the remainder of their 24 months when the supported employment restarts and they continue to satisfy the conditions of the scheme. This should ensure that this support will continue to be made to those businesses most impacted by the pandemic.
I trust this clarifies the matter for the Deputy.
1204. Deputy Ged Nash asked the Minister for Social Protection the average fees on standard private pension products such as PRSAs and AVC-PRSAs in Ireland; the way in which these fees compare to the EU average; and if she will make a statement on the matter. [20829/21]
View answerThe Deputy’s question relates to 'standard private pension products'. In terms of the Pensions Act, 1990, as amended, this refers to standard Personal Retirement Savings Accounts (PRSAs). Personal Pension Plans (PPPs) / Retirement Annuity Contracts (RACs) and other retirement related investment products are regulated by the Central Bank. Any questions with respect to these are appropriate to the Minister for Finance.
Standard PRSAs have predetermined charging structures. In a standard PRSA, as per Section 104 of the Pensions Act, total charges are already capped in two ways - a 5% cap on each contribution and a maximum of 1% per year on the fund value.
The 2012 Report on Pension Charges in Ireland, undertaken by the Department of Social Protection in consultation with the Pensions Authority and the Central Bank, considered the scale and variability of pension charges across different types of pension arrangements. The report stated that the most transparent product from a charges information perspective is the PRSA. Both its charging structures and rates are addressed in regulation and the information provided in relation to them in the Statement of Reasonable Projection is relatively transparent.
As per the 2012 report, PRSAs have a reduction in yield (a method of expressing total % charges) ranging from 1.27% to 1.57%. There is no figure available for the EU average.
I have recently written to the Pension Council requesting that they consider the issue of pension costs in Irish schemes, including issues with regard to the transparency of these costs. Specifically, I have asked the Council to consider the merits of introducing a Cost Transparency Initiative, along the lines of similar initiatives in the UK, Denmark and the Netherlands.
I hope this clarifies the matter for the Deputy.
1205. Deputy Cathal Crowe asked the Minister for Social Protection the timeframe in which a person applying for a State pension should expect to hear back once they have submitted the necessary documents. [20856/21]
View answerMy Department is committed to ensuring that State pension (contributory) claims are processed as expeditiously as possible. The operational target for State pension (contributory) claims is to have 90% of timely applications awarded (where qualified) by entitlement date, currently the applicant's 66th birthday.
The State Pension Contributory Section in my Department processes pension applications in order of pension age, rather than date of receipt. This ensures that, where possible, applicants will receive a decision in respect of their State pension (contributory) by date of entitlement.
According to the records of my Department, some 94% of customers were informed of the outcome of their pension application by date of entitlement. According to the latest figures available at end-March 2021, the average processing time achieved is 5 weeks.
Processing of pension claims depends on the individual nature of applicants’ circumstances. It is also dependent on the completeness of applications received and the availability of the required information. Further investigation may be required before notification of decision where the applicant has been self-employed, where they have been in public sector employment or where they may have social insurance recorded in another country.
If the Deputy has a particular case which he wishes to enquire about, an update on their claim can be provided directly to the person concerned, based on their social insurance record and individual circumstances.
I hope this clarifies the position for the Deputy.
1206. Deputy Cathal Crowe asked the Minister for Social Protection the options available to a person who has applied for a State pension prior to their 66th birthday but failed to hear back before the birthday and now is unable to work up extra contributions to make up a shortfall in entitlements. [20857/21]
View answerUnder current eligibility conditions, applicants must have 520 full-rate paid contributions in order to qualify for standard State pension (contributory). 520 full-rate contributions equate to 10 years of full-rate insurable employment over a person’s working life. Calculation of an applicant’s entitlement to State pension (contributory) is based on their social insurance record from their date of entry into insurable employment until pension age, currently 66 years.
If the person concerned considers that they hold additional information which may impact on their pension eligibility, they should submit the details without delay to enable my Department to have the matter investigated and to inform them directly of the options available to them based on their individual social insurance record and circumstances.
For those who do not qualify for the State pension (contributory), there are other state pension payments available, depending on an individual’s circumstances. State pension (non-contributory) is a means-tested, residency-based payment for persons of pension age, based on the applicant's share of assessable household means. The maximum rate payable equates to 95% of the maximum rate of state pension (contributory).
If the person’s spouse has a State pension (contributory), the person may qualify for an Increase for qualified adult (IQA) payable with their spouse’s pension (means-tested on their own means). The rate of IQA payable may amount to 90% of the maximum State pension (contributory), depending on the rate of State pension (contributory) in payment to the person’s spouse and the person’s own means, solely or jointly held.
I hope this clarifies the position for the Deputy.
1207. Deputy Gary Gannon asked the Minister for Social Protection if she will consider extending the free travel pass scheme to persons who cannot hold a driver licence due to their level of vision impairment but do not meet the medical conditions for blind pension resulting in them being ineligible for the free travel pass scheme and incurring significant additional costs (details supplied); and if she will make a statement on the matter. [20859/21]
View answerThe Free Travel scheme provides free travel on the main public and private transport services for those eligible under the scheme. These include road, rail and ferry services provided by companies such as Bus Átha Cliath, Bus Éireann and Iarnród Éireann, as well as Luas and services provided by over 80 private transport operators. There are currently approx. 994,000 customers with direct eligibility. The estimated expenditure on free travel in 2021 is €95 million.
In general, access to a free travel pass for those aged under 66 is linked to a person being in receipt of certain primary Social Protection payments such as Disability Allowance, Invalidity Pension, Carer’s Allowance, Blind Pension and Partial Capacity Benefit. Any possible extension to the eligibility criteria for free travel to include people who are deemed unsuitable to drive by the national licensing authority, due to their level of vision, regardless of whether they receive a payment from my Department, would have to be considered in the overall budgetary and policy context. It would be expected that any such extension to the eligibility criteria would have significant implications for the free travel scheme and that it would immediately lead to calls for all people who have a disability and/or significant health issues to be eligible for a free travel pass.
If the Free Travel scheme were to be extended to all people who have a disability and/or significant health issues, regardless of whether they receive a qualifying payment, a medical assessment process would be required for all such applications, significantly changing the nature of the scheme and requiring additional administrative processes to be put in place in order to adjudicate eligibility. Significant extra funding would also be required.
Under the Supplementary Welfare Allowance scheme, my Department may award a travel supplement, where the circumstances of the particular case so warrant. The supplement is intended to assist with ongoing or recurring travel costs that cannot be met from the client’s own resources and are deemed to be necessary. Every decision is based on consideration of the circumstances of the individual case, taking account of the nature and extent of the need and of the resources of the person concerned.
I hope this clarifies the matter for the Deputy.
1208. Deputy Martin Browne asked the Minister for Children, Equality, Disability, Integration and Youth the number of persons from north County Tipperary that are referred to refuge accommodation in counties Limerick and Clare in each of the years 2016 to 2020 inclusive; his views on the lack of a refuge in north County Tipperary; his further views on the pressure it puts on such services in counties Limerick and Clare; and if there are plans to provide such a service in north County Tipperary. [19074/21]
View answerTusla, the Child and Family Agency has statutory responsibility for the care and protection of victims of domestic, sexual and gender-based violence (DGSBV). I have requested that Tusla respond directly on the aspect of the Deputy's question that relates to operational data. The Department of Justice will respond directly to the Deputy on referrals made by An Garda Síochána.
The response to Domestic, Sexual and Gender-based Violence (DSGBV) is a cross Departmental and multi-agency issue. Policy is coordinated by the Department of Justice. Capital funding for approved housing bodies, including services that provide refuge accommodation for victims of DSGBV, is provided by the Department of Housing, Local Government and Heritage.
There is currently no domestic violence refuge in North Tipperary. Tusla is undertaking a review of emergency accommodation nationwide due for publication in Q2 2021. This will assess the current and requisite distribution of safe emergency accommodation. The Deputy will be aware that the Programme for Government sets out a number of commitments regarding DSGBV, including an audit on segmentation of DSGBV responsibilities across government departments and agencies, and a Third National Strategy on DSGBV, which will inform future investments in this area.
It is of the utmost importance that the needs of those who experience domestic violence are met in the most appropriate way possible. I, along with my colleagues in government, am committed to ensuring future service provision is evidence based and designed to meet the holistic needs of individuals who experience domestic violence.
1209. Deputy Holly Cairns asked the Minister for Children, Equality, Disability, Integration and Youth the actions his Department has taken to survey the resource needs of local authorities and make available additional resources for accommodating asylum seekers as outlined in the recommendations of the Report of the Advisory Group on the Provision of Support including Accommodation to Persons in the International Protection Process; and if he will make a statement on the matter. [19395/21]
View answerThe White Paper to End Direct Provision and to Establish a New International Protection Support Service which I published on 26 February 2021 foresees a role for local authorities in promoting the integration of applicants for international protection at county level and in developing a national allocation key for accommodating applicants. This allocation key will set out the number of applicants for international protection who will be accommodated in urban areas in each county and will be developed by the local authorities, in co-ordination with my Department. With this in mind, I am aiming to meet representatives from the City and County Manager's Association (CCMA) soon to discuss the implications of the White Paper for local authorities and any attendant resource issues arising.
1210. Deputy Catherine Murphy asked the Minister for Children, Equality, Disability, Integration and Youth the status of the preparation and implementation of the National Strategy for Women and Girls 2017-2020; the number of times this committee has met in 2020 and to date in 2021; and if he will publish all minutes from these meetings. [20823/21]
View answerAs of April 2021, work is completed on 45 of the 139 actions in the National Strategy for Women and Girls 2017-2020, work is progressing on 91 actions, and 3 actions have not yet commenced.
In view of the significant impact of COVID-19 on planned work, implementation of the Strategy has been extended from 2020 to end 2021. On its conclusion, the Government has committed to developing and implementing a new Strategy. An evaluation of the Strategy will be conducted during 2021.
The Committee advising on the implementation of the Strategy, which I chair, met on two occasions in 2020, on 13 May and 9 December, and on one occasion to date in 2021, on 15 April. Minutes and agendas for the Committee's meetings to end 2018 are published on the website www.genderequality.ie. As this website is being upgraded, minutes for 2019 to 2021 will be published online as soon as possible.
1211. Deputy Neasa Hourigan asked the Minister for Children, Equality, Disability, Integration and Youth if all 50 asylum seekers from the Moria refugee camp that were committed to relocating in October 2020 have been successfully relocated here; if not, the timeline for their relocation; and if he will make a statement on the matter. [18155/21]
View answerOfficials from Irish Refugee Protection Programme (IRPP) are working with colleagues from Tusla and An Garda Síochána to arrange a joint mission to Greece in order to arrange the relocation of families and Unaccompanied Minors from Lesvos. It is expected that this relocation will take place very shortly.
Relocation from Greece is being organised as an exceptional humanitarian gesture alongside the government commitment to receive 2,900 refugees during the period 2020 -2023.
All missions and arrivals are being planned in the context of public health restrictions and Covid19 protocols.
1212. Deputy Neasa Hourigan asked the Minister for Children, Equality, Disability, Integration and Youth if he has had discussions with an organisation (details supplied) regarding its need for financial support; the supports his Department plans to provide to the organisation in 2021; and if he will make a statement on the matter. [18193/21]
View answerThe current financial difficulties in the organisation referred to by the Deputy has been brought to my attention at a meeting with the organisation’s Board. The ongoing management of the organisation referred to by the Deputy is a matter for their Board, including the challenges being presented due to the recent Covid-19 restrictions.
My Department provides substantial funding to this organisation, which plays an important role in providing young people with opportunities for developmental experiences and informal learning. All of the youth funding provided by my Department has been maintained fully throughout the ongoing period of restrictions. In addition, I secured an increase in 2021 for youth services, including an increase for the organisation referred to by the Deputy.
My officials are in regular contact with youth sector representatives in relation to the impact of the pandemic and associated health restrictions. It is of importance that Exchequer funding to youth services nationally is protected and I am satisfied that Government has been able to continue to support them. My officials will continue to work closely with youth organisations and will actively monitor the situation.
1213. Deputy Paul Donnelly asked the Minister for Children, Equality, Disability, Integration and Youth his plans to set up a redress board for persons that suffered sexual abuse in an organisation (details supplied); and the timeframe for the implementation of same. [18198/21]
View answerThere are no plans to establish a redress board in relation to the organisation referred to by the Deputy. It is important to note that this organisation is a voluntary body, governed by its own Board. It receives some of its funding from the Department of Children, Equality, Disability, Integration and Youth and raises other funding through member subscriptions and fund raising.
My Department has previously taken a number of actions in response to findings of poor safeguarding policies and practice in this organisation. These include a governance review and, more recently, a follow up report on the progress following that review, and an ongoing requirement for regular updates on governance reforms. In addition, the organisation engaged a child protection expert to carry out a learning review, which was published. A recent audit carried out by the child protection expert noted, in February this year, the ‘positive and impressive’ progress made by the organisation.
It is worth noting that the organisation has adopted revised safeguarding policies, in consultation with Tusla. Tusla has expressed its satisfaction with progress made in relation to safeguarding, and relevant training is being provided throughout the organisation. On the basis of this positive feedback from independent governance and safeguarding experts and Tusla, and my Department’s ongoing engagement, I am satisfied with the progress and structures now in place. Safeguarding is now a strong focus and priority for the organisation.
1214. Deputy David Cullinane asked the Minister for Children, Equality, Disability, Integration and Youth the process by which a preschool can apply for capital funding to develop a new building for an existing preschool; and if he will make a statement on the matter. [18206/21]
View answerMy Department has, since 2015, administered an annual capital funding programme under which early learning childcare services which are registered with Tulsa can access capital funding.
The purpose or target of the funding is determined on an annual basis having regard to the needs of children, families and service providers and Departmental priorities.
There is no specific capital funding available for development works in 2021, the focus of the capital programme is on fire safety works and supporting outdoor play.
There are however a number of supports which childcare providers, and intending childcare providers, can access.
My Department funds County Childcare Committees (CCCs) who offer a wide variety of supports to parents and childcare providers, including advice on setting up a childcare business, information on grants and low cost local enterprise loans which may be available to services, as well as commercial borrowing. The CCC’s also offer support on applying for the various funding schemes administered by my Department. Contact details for all of the CCCs are available at myccc.ie
1215. Deputy Seán Canney asked the Minister for Children, Equality, Disability, Integration and Youth the reason for not advertising the call for submission on a restorative recognition scheme for former residents of the mother and baby homes in a publication (details supplied); and if he will make a statement on the matter. [18225/21]
View answerThe consultation process for the Restorative Recognition Scheme represents a very significant aspect of the work that is being undertaken to develop a Scheme for former residents of Mother and Baby Homes and County Homes. Every effort is being made to ensure that all aspects of this process from the promotion of the consultation to the interaction with those participating is handled with sensitivity and consideration given the difficult issues concerned. I am immensely grateful to all those who have participated in the consultation. I do not underestimate the courage and patience that survivors have continued to show and I want to assure them that the Government is committed to ensuring the response to the Commission’s Report is survivor-centred.
The public information campaign relating to the consultation process aimed to raise awareness among those who wished to submit their views on the development of the scheme, in particular former residents of Mother and Baby Homes and County Homes.
Information on the consultation issued via a press release to local and national media outlets, including the publication listed in the question. Information was also made available on my Department’s website and was promoted on social media to further broaden the reach of the awareness campaign. The decision regarding the placing of individual ads was made by a media buying company contracted by my Department to maximise the coverage and reach in all counties. Analysis shows that, through both online and print advertising, this campaign reached 2.5 million people.
The process was further promoted widely both in Ireland and abroad by direct contact with interest groups, newspaper and social media advertising, and engagement with the extensive embassy network. In this context, the Deputy can be assured that direct engagement was undertaken with Tuam-related advocacy groups. A number of participants affiliated with Tuam participated in the online consultation meetings which took place as part of the process and a number also sent written submissions.
Approximately 380 written submissions have been received as part of the consultation. In addition, 159 people participated in Online Consultation Meetings with an additional 20 people attending with survivors as their support person.
1216. Deputy Fergus O'Dowd asked the Minister for Children, Equality, Disability, Integration and Youth the expected date of the introduction of enhanced medical cards to survivors of mother and baby homes; and if he will make a statement on the matter. [18233/21]
View answerAs part of its response to the Final Report of the Commission of Investigation into Mother and Baby Homes and Certain Related Matters, the Government has committed to establishing a Restorative Recognition Scheme for survivors. This scheme will include a restorative recognition payment and a form of enhanced medical card. An Interdepartmental Group (IDG) has been set up to develop detailed proposals for both the restorative recognition payment and the enhanced medical card. To support and inform the work of the IDG, a public consultation process took place during March and a report detailing the outcomes of that consultation is currently being prepared for submission to the IDG. As the work of the IDG is ongoing, the specific details of the Restorative Recognition Scheme are not yet decided. The IDG will submit their proposals to me before they are brought to Government for approval. It is not possible at this time to provide an expected date for implementation of the scheme. However, I am very committed to ensuring that the work in this regard is progressed as a priority so that the scheme is available to survivors as soon as possible following Government approval.
1217. Deputy David Stanton asked the Minister for Children, Equality, Disability, Integration and Youth the sections of the Assisted Decision-Making (Capacity) Act 2015 that have commenced to date; his plans and associated timescales for the commencement of the remaining sections of the Act; and if he will make a statement on the matter. [18248/21]
View answerThe commenced sections of the Assisted Decision-Making (Capacity) Act 2015 (the 2015 Act) are:
- Part 1 other than sections 3, 4, and 7 and Part 9 other than section 96, section 102 and Chapter 3 were commenced by the Minister for Justice and Equality on 12 October 2016 (S.I. No. 515 of 2016). The Order appointed 17 October 2016 as the date on which specified provisions of Parts 1 and 9 of the Act came into operation.
- The definition of “Minister” in section 82; the definitions of “code of practice” and “working group” in section 91(1); and section 91(2) were commenced by the Minister for Health on 13 October 2016 (S.I. No. 517 of 2016). The Order provided for the commencement, on 17 October 2016, of section 91(2) and relevant definitions, for the establishment, by the Minister for Health, of a multidisciplinary working group of suitable persons willing and able to make recommendations to the Director of the DSS in relation to codes of practice pertaining to the advance healthcare directive provisions of the Act.
- Section 91 was commenced by the Minister for Health on 13 December 2018 (S.I. No. 527 of 2018). The Order provided for the commencement, on 17 December 2018, of the remainder of section 91 which outlines the formal process to be undertaken by the Director of the DSS regarding the preparation and publication of the code of practice pertaining to the advance healthcare directive provisions, including the requirement for the Director to obtain the consent of the Minister for Health in order to publish the code of practice.
- Section 7(1) commenced by the Minister for Children, Equality, Disability, Integration and Youth on 27 January 2021 (S.I. No. 24 of 2021). The Order provided for the repeal of the Marriage of Lunatics Act, 1811, on 1 February 2021
My aim is to commence the remaining sections of the 2015 Act in June 2022. The 2015 Act provides a modern statutory framework to support decision-making by adults with capacity difficulties. The 2015 Act is primarily the policy responsibility of my Department except for Part 8 of the 2015 Act which deals with advance healthcare planning and is the responsibility of the Department of Health. My Department chairs the Inter-Departmental Steering Group (IDSG), previously under the remit of the Department of Justice and Equality, which includes the Decision Support Service, the Mental Health Commission, the Courts Service, the HSE, the Department of Health and the Department of Justice. Its remit is to ensure that IDSG members are taking the actions necessary to ensure that the 2015 Act is commenced by June 2022. To this end I secured a budget of €5.8m for 2021 for the DSS to enable it to develop the necessary systems, including IT systems, to become operational. My officials are also working on the Assisted Decision-Making (Capacity) (Amendment) Bill, which will provide necessary amendments to the 2015 Act, with the aim of enactment by year-end. In the meantime, I will commence any sections of the 2015 Act that I can, bearing in mind the interconnectedness of the Act.
1218. Deputy David Stanton asked the Minister for Children, Equality, Disability, Integration and Youth the changes he plans to make to the way in which a person with limited or no decision-making capacity can be represented by a person with power of attorney; and if he will make a statement on the matter. [18249/21]
View answerThe Assisted Decision-Making (Capacity) Act 2015 (the 2015 Act) provides a modern statutory framework to support decision-making by adults with capacity difficulties.
The 2015 Act includes a new part, Part 7, which relates to Enduring Powers of Attorney (EPA). This part has not been commenced yet. The timeline for commencement is June 2022. The following is a summary of provisions with regard to EPAs in the 2015 Act but should not be considered a legal interpretation.
- The relevant person (here called the donor) can appoint a person (here called an attorney) to have general authority to act on their behalf in relation to specified areas confirmed in writing (known as the EPA);
- The areas can include either property and affairs, personal welfare or both areas;
- EPAs under the Powers of Attorney Act 1996 cannot be made after commencement of the 2015 Act;
- The EPA does not enter into force until the donor lacks capacity in one or more areas in the EPA and the instrument has been registered by the attorney;
- The Director of the Decision Support Service (DSS), the agency charged with supervising EPAs, will maintain a register of EPAs and make it available for inspection to specified people. The Director can issue an authenticated copy to a specified person and will keep a record of who inspects the register and receives authenticated copies;
- Statements from the donor and his/her legal representative, medical practitioner, and healthcare professional must accompany the EPA confirming that the donor has the capacity to make the EPA and confirming that the donor has lost such capacity at point of registration of the EPA;
- The EPA cannot include a refusal of life-sustaining treatment or any decision in an Advance Healthcare Directive;
- The donor must give notice to the following people that an EPA has been executed: a spouse/civil partner, cohabitant, any of the donor's children over 18, a decision-making assistant, co-decision-maker, decision-making representative, a designated healthcare representative, any other attorney, any other person specified by the donor.
- There can be more than one attorney and they can act jointly, jointly and severally or jointly for some matters and severally for others.
The 2015 Act also includes provisions in relation to when a person cannot be an attorney; when an attorney can be disqualified; the annual reports the attorney must submit to the DSS; how complaints and objections can be raised with the DSS; and the offences related to EPAs.
