Robert Troy
Question:1323. Deputy Robert Troy asked the Minister for Children, Equality, Disability, Integration and Youth when the assisted capacity bill will be enacted. [18263/23]
View answerTuesday, 18 April 2023
Questions (1323)
Written answers
The Assisted Decision-Making (Capacity) (Amendment) Act 2022 (the 2022 Act) was signed into law on December 17 last year. The Act makes amendments to the Assisted Decision-Making (Capacity) Act 2015 (the 2015 Act), particularly with regard to the streamlining of processes in the interests of those using the provisions of the Acts, and the strengthening of safeguards under the 2015 Act.
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 more rights based and flexible approach, whereby capacity is assessed on an issue and time-specific basis.
The 2015 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 preparing to operate the 2015 Act.
The 2015 Act required amendments in advance of commencement, and these were brought in the form of the Assisted Decision-Making (Capacity) (Amendment) Act 2022. This Act was signed into law by the President on December 17 2022.
Work is currently underway to draft the necessary Statutory Instruments that are required as part of the commencement and operationalisation process, including the drafting of commencement orders and of regulations that the new system of tiered decision supports will need to function. There are a number of such instruments that will need to be finalised before the 2015 Act, as amended, can be operationalised, and my officials are working closely with the Office of the Attorney General to progress this work. The passage of the 2022 Amendment Act was required in order to provide the legal basis to progress these final preparations.
On foot of this engagement, I have already commenced certain sections of the 2022 Act needed to allow for the recruitment of three additional judges of the circuit court, in order to help meet the demands of the new system. This was done by way of a Commencement Order dated February 17.
I have set April 26 of this year as the date on which I will commence further remaining sections of both the 2022 and 2015 Acts. This will have the effect of abolishing wardship and ushering in the new system of decision supports.