Dáil Éireann Debate, Tuesday - 16 November 2021
426. Deputy Mark Ward asked the Minister for Children, Equality, Disability, Integration and Youth when the Assisted Decision-Making (Capacity) (Amendment) Bill to amend the Assisted Decision-Making (Capacity) Act 2015 is scheduled for pre-legislative scrutiny at the Oireachtas Joint Committee on Children, Equality, Disability, Integration and Youth; and if he will make a statement on the matter. [56121/21]
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.
Amendments are required to the 2015 Act before full commencement can take place. Work is actively taking place on an Assisted Decision-Making (Capacity) (Amendment) Bill and I will shortly seek Government approval for the General Scheme of the Bill. The amendments will streamline processes in the interests of those using its provisions. They will also strengthen the safeguards included in the 2015 Act.
Once Government has approved the General Scheme, I will refer the General Scheme for pre-legislative scrutiny. The scheduling of the pre-legislative scrutiny will be a matter for the Oireachtas Committee.
