Dáil Éireann Debate, Tuesday - 26 April 2022
1101. Deputy Duncan Smith asked the Minister for Children, Equality, Disability, Integration and Youth when the decision support service which was established under the Assisted Decision-Making (Capacity) Act 2015 to provide an essential service for persons who face difficulties exercising their decision-making capacity will come into effect; and if he will make a statement on the matter. [19338/22]
View answerThe Programme for Government commits to commencing the 2015 Act in full by June 2022, recognising the importance of the much needed reform that it represents. This will allow the Decision Support Service to become fully operational and provide the progressive services and supports of the 2015 Act.
The 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.
The Decision Support Service (DSS), which is the organisation that will operate the provisions of the 2015 Act, will respond to the complex decision-making needs of people with capacity difficulties. To date, the Decision Support Service has made considerable progress in putting in place the administrative and IT systems needed to operate the 2015 Act.
In preparation of becoming fully operational, a budget of €7.3 million was secured for the Decision Support Service in 2022. This represents an increase of €1.5 million compared to 2021 and a doubling of financial resources since the transfer of functions to the Department of Children, Equality, Disability, Integration and Youth in 2020.
Amendments are required to the 2015 Act before full commencement can take place. Work has been ongoing on the Assisted Decision-Making (Capacity) (Amendment) Bill, which will be published in the near future and which I look forward to taking through the Houses. The amendments will streamline processes, in the interests of those using its provisions. They will also strengthen the safeguards included in the 2015 Act.
