Dáil Éireann Debate, Wednesday - 6 April 2022
150. Deputy Patricia Ryan asked the Minister for Children, Equality, Disability, Integration and Youth when the Assisted Decision-Making (Capacity) Act 2015 will be fully commenced; and if he will make a statement on the matter. [18532/22]
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 Act 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.
Amendments are required to the 2015 Act before full commencement can take place. Work is underway on an Assisted Decision-Making (Capacity) (Amendment) 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.
The Government made a commitment in the Programme for Government to commencing the 2015 Act, recognising the importance of the much needed reform that it represents. Government has committed to commencement of the amended 2015 Act by June 2022.
