Dáil Éireann Debate, Thursday - 30 September 2021
292. Deputy Éamon Ó Cuív asked the Minister for Children, Equality, Disability, Integration and Youth when the Assisted Decision-Making (Capacity) Act 2015 will be fully implemented; when the promised new assisted decision-making (capacity)(amendment) Bill will be published; when the decision support service will also be established; and if he will make a statement on the matter. [47371/21]
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 and establishment of the Decision Support Service immediately thereafter. An inter-departmental steering group is meeting regularly to prepare for commencement of the Act.
Amendments are required to the 2015 Act before full commencement can take place. Work is actively underway on an Assisted Decision-Making (Capacity) (Amendment) Bill, which will address a number of issues required to streamline processes and improve safeguards for those who will rely on the provisions of the Act. I expect to be in a position to publish a Bill by year-end, and to see it enacted next year.
