Ivana Bacik
Question:503. Deputy Ivana Bacik asked the Minister for Children, Equality, Disability, Integration and Youth the timeline for the publication of the amended Assisted Decision-Making (Capacity) Act 2015. [43688/21]
View answerWednesday, 15 September 2021
Questions (503)
Written answers
The 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.
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 by 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.