Dáil Éireann Debate, Thursday - 9 September 2021
751. Deputy Bríd Smith asked the Minister for Children, Equality, Disability, Integration and Youth the reason the Assisted Decision-Making (Capacity) Act 2015 has not yet been fully enacted over five and a half years later; the definitive timeline for its enactment given the human rights implications of the anachronistic Lunacy Regulation Act 1871 which is still being used; and if he will make a statement on the matter. [41820/21]
View answerThe Assisted Decision-Making (Capacity) Act 2015 (the 2015 Act) is a very important piece of legislation that changes the existing law on capacity from the status approach of the wardship system to a flexible functional approach, whereby capacity is assessed on an issue and time-specific basis. It will abolish the wards of court system for adults by repealing the Lunacy Regulation (Ireland) Act 1871. Adults currently in wardship will transition to the new decision-making support arrangements on a phased basis over 3 years from the date of commencement.
The Government made a commitment in the Programme for Government to commencing the 2015 Act, recognising the importance of the much needed reform it represents. We are working towards a date of June 2022 for full commencement.
The delays in commencement of the 2015 Act arise from two principal factors. The organisation that will operate the progressive provisions of the 2015 Act, the Decision Support Service, has to become operational and to be able to respond to the complex decision-making needs of people with capacity difficulties. Amendments are also required to the 2015 Act before full commencement can take place.
Work is actively taking place on an Assisted Decision-Making (Capacity) (Amendment) Bill, which is expected to be published before year-end and enacted early next year. The amendments will streamline processes, in the interests of those using its provisions. They will also strengthen the safeguards included in the 2015 Act.
Some provisions of the Act have been commenced to enable; the recruitment of the Director of the Decision Support Service; the establishment of a multidisciplinary working group in relation to Advance Healthcare Directives; and most recently, on the 1st of February this year, the repeal of the Marriage of Lunatics Act, which means that a ward can now marry if she or he has capacity to do so.
The Decision Support Service has made considerable progress in putting in place the administrative and IT systems needed to operate the 2015 Act. To this end a budget of €5.8 million was secured for the Decision Support Service for 2021, a significant increase on its €3.5 million 2020 budget.
A high-level Steering Group, chaired by the Department of Children, Equality, Disability, Integration and Youth, meets monthly to oversee and drive progress towards full commencement. The Steering Group comprises senior officials from the Department of Health, the Department of Justice, the Mental Health Commission, the Courts Service, the HSE, and the Decision Support Service, recognising that successful operation of the 2015 Act will involve multiple stakeholders. They are working towards commencement of the 2015 Act in June 2022, with the Decision Support Service opening for business immediately thereafter.
