Dáil Éireann Debate, Thursday - 13 October 2022
155. Deputy Mark Ward asked the Minister for Children, Equality, Disability, Integration and Youth if he will provide an update on the constitutional challenge by a ward of court as referred to by him during the pre-legislative scrutiny of the Assisted-Decision Making (Capacity) Act 2015; and if he will make a statement on the matter. [50737/22]
View answerA constitutional challenge has been taken against the State in relation to both the Marriage of Lunatics Act 1811 and the Lunacy Regulation (Ireland) Act 1871, which is the legal underpinning for wardship in the State.The Assisted Decision Making (Capacity) Act 2015 provides for the repeal of the Marriage of Lunatics Act 1811 and a replacement of the current wards of court system. The relevant provisions of the Act of 2015 regarding marriage have been commenced, but the remainder of the Act cannot be, without the enactment of the Amendment Bill. The constitutional challenge was adjourned on the basis that wardship would be abolished in orderly fashion via an Act of the Oireachtas.
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 functional approach, whereby capacity is assessed on an issue and time-specific basis.
It 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) will operate the progressive provisions of the 2015 Act and will respond to the complex decision-making needs of people with capacity difficulties.
It should be noted that, outside of the issue of the constitutional challenge, Government is committed to ending wardship primarily as a matter of good policy and the advancement of citizens' rights. A considerable degree of momentum has now built around the commencement of the Act and extensive operational preparations have been made, particularly over the last 18 months, to prepare for commencement of the Act and the full operationalisation of the Decision Support Service, which will implement the new decision support arrangements. It is important that this momentum is not lost and I am committed to commencing the amended 2015 Act in the earliest possible course.
