Dáil Éireann Debate, Wednesday - 17 November 2021
140. Deputy Catherine Connolly asked the Minister for Children, Equality, Disability, Integration and Youth the status of the full commencement of the Assisted Decision-Making (Capacity) Act 2015; the analysis that has been carried out into the impact the delay in commencing this legislation has had on persons in wardship and their families; and if he will make a statement on the matter. [56311/21]
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.
I am committed to advancing the required legislation as quickly as possible, and I look forward to the support of my parliamentary colleagues in quickly delivering the required change.
