Dáil Éireann Debate, Thursday - 2 December 2021
132. Deputy Pauline Tully asked the Minister for Children, Equality, Disability, Integration and Youth if regulations have been finalised for the Decision Support Service to provide for multiple procedural and documentary matters; and if he will make a statement on the matter. [59568/21]
View answerThe Assisted Decision-Making (Capacity) Act 2015 (the 2015 Act) is an important piece of legislation that represents significant legal reform. It 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.
The Decision Support Service (DSS), which is the organisation that will operate the progressive provisions of the 2015 Act, will respond to the complex decision-making needs of people with capacity difficulties. Several sections of the Act require the Minister to prescribe regulations, which will specify particular activities to be undertaken by the Decision Support Service, including procedural and documentary matters.
The drafting of these regulations is currently under way and there has been significant engagement between the relevant parties required. Some provisions of the proposed Assisted Decision-Making (Capacity) (Amendment) Bill also allow for the making of regulations and these are being progressed in parallel to the drafting of that Bill.
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 and the Group is tracking the progress of a number of project milestones, including the delivery of the required regulations, to ensure full commencement of the 2015 Act by June 2022.
