Dáil Éireann Debate, Tuesday - 31 May 2022
519. Deputy Thomas Pringle asked the Minister for Children, Equality, Disability, Integration and Youth the number of sections of the Assisted Decision-Making (Capacity) Act 2015 that remain to be implemented; the reason that all parts of the Act have not been enacted; and if he will make a statement on the matter. [28125/22]
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 has been ongoing on the Assisted Decision-Making (Capacity) (Amendment) Bill, which was published on 30 May this year and which will be introduced to the Houses on June 1st. Following the passage of this amending legislation, I will be in a position to commence the appropriate remaining sections of the 2015 Act, and bring the Decision Support Service, which will operate the progressive provisions of the new law, into full operation.
For the Deputy's information, the table below outlines the current commencement status of sections of the 2015, pending the delivery of amending legislation.
|
Section |
Commencement status |
Commencement Date |
Relevant instrument |
|
1-2 |
Commenced |
17 Oct 2016 |
S.I. No. 515 of 2016 |
|
3-4 |
Not yet commenced |
June 2022 |
|
|
5-6 |
Commenced |
17 Oct 2016 |
S.I. No. 515 of 2016 |
|
7(1) |
Commenced |
1 Feb 2021 |
S.I. No. 24 of 2021 |
|
7(2) |
Not yet commenced |
June 2022 |
|
|
8-81 |
Not yet commenced |
June 2022 |
|
|
82 insofar as it relates to definition of “Minister” |
Commenced |
17 Oct 2016 |
S.I. No. 515 of 2016 |
|
83-90 |
Not yet commenced |
June 2022 |
|
|
91(1) insofar as it relates to the definition of “Code of Practice” and “Working Group” |
Commenced |
17 Oct 2016 |
S.I. No. 515 of 2016 |
|
91(1) other than insofar as it relates to the above. |
Commenced |
17 December 2018 |
S.I. No. 527 of 2018. |
|
91(2) |
Commenced |
17 Oct 2016 |
S.I. No. 515 of 2016 |
|
91(3) – (14) |
Commenced |
17 December 2018 |
S.I. No. 527 of 2018. |
|
92-93 |
Not yet commenced |
June 2022 |
|
|
94-95 |
Commenced |
17 Oct 2016 |
S.I. No. 515 of 2016 |
|
96 |
Not yet commenced |
June 2022 |
|
|
97-98 |
Commenced |
17 Oct 2016 |
S.I. No. 515 of 2016 |
|
99-102 |
Not yet commenced |
June 2022 |
|
|
103 |
Commenced |
17 Oct 2016 |
S.I. No. 515 of 2016 |
|
104-146 |
Not yet commenced |
June 2022 |
|
