Dáil Éireann Debate, Tuesday - 1 March 2022
547. Deputy Neale Richmond asked the Minister for Children, Equality, Disability, Integration and Youth if he has plans to implement the Assisted Decision Making (Capacity) Act 2015 prior to its expected implementation time of June 2022 given the long delays in its implementation; and if he will make a statement on the matter. [11350/22]
View answerThe Government is committed to fully commencing the Assisted Decision-Making (Capacity) Act 2015 (“the 2015 Act”). The Act provides a modern statutory framework to support decision-making by adults with capacity difficulties. The 2015 Act was signed into law on 30 December 2015 but has not yet been fully commenced. The Act provides for the establishment of new administrative processes and support measures, including the setting up of the Decision Support Service (DSS) within the Mental Health Commission (a body under the Department of Health).
A number of provisions of the 2015 Act were commenced in October 2016 in order to progress the setting up of the Decision Support Service and enable the recruitment of the Director of the DSS.
The implementation of the 2015 Act requires that the DSS is fully operational and in a position to offer services including the new decision-making support options. A high-level Steering Group comprising senior officials from my Department, the Department of Health, the Mental Health Commission, the Courts Service and the HSE, together with the Director of the DSS, is overseeing the establishment and commissioning of the DSS and this work is ongoing. The DSS, led by its Director, is working on putting in place the necessary infrastructure to support the full commencement of the Act.
These preparations will allow for commencement orders for the main operative provisions of the 2015 Act to be made when the necessary preparations have been completed. This will enable the DSS to roll out the new decision-making support options.
In addition to the operational preparedness required, amending legislation is required to improve and streamline the processes in the Act, and improve safeguarding for the persons who will reply on its provisions.
Pre-legislative scrutiny on the General Scheme of an Assisted Decision-Making (Capacity) (Amendment) Bill is currently being undertaken by the Joint Oireachtas Committee for Children, Equality, Disability, Integration and Youth. Following its report, the aim is that the Bill will go through the various legislative stages in both the Dail and the Seanad. In view of the inter-connectedness of the 2015 Act with the amending legislation, it is not possible to commence the Act substantively earlier than June 2022.
