Dáil Éireann Debate, Tuesday - 12 July 2022
691. Deputy Holly Cairns asked the Minister for Children, Equality, Disability, Integration and Youth when the wards of courts system will be replaced with a system compliant with international human rights obligations. [38113/22]
View answerThe Government is committed to the abolition of wardship and to replacing it with a more person-centred and rights-based functional capacity model. The enactment of the Assisted Decision-Making (Capacity) (Amendment) Bill 2022 will allow for the commencement of the Assisted Decision-Making (Capacity) Act 2015.
The Assisted Decision-Making (Capacity) Act 2015 (the 2015 Act) is a very important piece of legislation that changes the existing law on capacity from the status approach of the wardship system to a flexible and rights based functional approach, whereby capacity is assessed on an issue and time-specific basis and in a manner that explicitly respects the will and preference of the person being supported.
The Amendment Bill has been published and passed Dail Report Stage on 29 June. It will be introduced to the Seanad when the Houses resume in the autumn and will be progressed as quickly as possible in the autumn session. It is intended to have the Bill enacted, and the 2015 Act commenced, at the earliest possible opportunity.
Once the amended Act is commenced, the Decision Support Service will become fully operational. 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. The preparations of the Decision Support Service have gone well, and have been supported by an Inter-Departmental Steering Group. The DSS is in the process of finalising its own procedures for going live and will be ready to operate the progressive provisions of the new legislation when the legislation is commenced. The abolition of wardship will begin from that point. As the Deputy is aware, the wards of court system will end three years after the commencement of the relevant legislative provisions bringing the new system into effect.
