Dáil Éireann Debate, Wednesday - 17 November 2021
139. Deputy Catherine Connolly asked the Minister for Children, Equality, Disability, Integration and Youth when the assisted decision-making (capacity) (amendment) Bill will be published; if a decision has been made to date as to the Oireachtas Committee that will carry out pre-legislative scrutiny of the Bill; and if he will make a statement on the matter. [56310/21]
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.
A high-level Steering Group, chaired by the Department of Children, Equality, Disability, Integration and Youth, is overseeing progress towards full commencement. The Steering Group comprises senior officials from relevant Departments and agencies.
Once Government has approved the General Scheme, I will refer the General Scheme for pre-legislative scrutiny. The scheduling of pre-legislative scrutiny will be a matter for the Oireachtas Committee.
No decision has yet been made on the Oireachtas Committee that will conduct pre-legislative scrutiny of the General Scheme. However, following the transfer of the Equality function to my Department it is likely to be the Committee on Children, Disability, Equality and Integration.
