Dáil Éireann Debate, Wednesday - 13 July 2022
401. Deputy Marian Harkin asked the Minister for Children, Equality, Disability, Integration and Youth if he plans to commence the assisted decision-making (capacity) Bill 2021 as soon as the President signs same into law; if there will be any lead-in time to full implementation of the legislation; and if he will make a statement on the matter. [38202/22]
View answerAn inter-departmental steering group has been in place to coordinate preparations for the commencement of the Assisted Decision-Making (Capacity) (Amendment) Bill and the original 2015 Act. A date for commencement will be decided upon having consulted with that Group and as the Amendment Bill nears completion in the Oireachtas. It is intended to commence the amended 2015 Act as soon as is possible following the enactment of the Amendment Bill.
The 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.
