Dáil Éireann Debate, Tuesday - 18 April 2023
960. Deputy Thomas Pringle asked the Minister for Justice when the necessary steps will be completed by his Department to allow for legal aid in cases relating to the Assisted Decision-Making (Capacity) Act 2015; and if he will make a statement on the matter. [16789/23]
View answerAs the Deputy may be aware, the Programme for Government commits to commencing the Assisted Decision Making (Capacity) Act 2015, and the necessary amending legislation, recognising the importance of the much-needed reform that it represents. The Assisted Decision-Making (Capacity) (Amendment) Act 2022 was signed into law in December 2022.
The Acts bring into effect a new legislative framework to support decision making by adults with capacity difficulties. They provide for a three tier framework of decision making assistance arrangements, co-decision making agreements, and decision making representation orders.
The 2015 Act also provides for the long overdue repeal of the Lunacy Regulation (Ireland) Act 1871 and the bringing to an end of the system of wardship for adults. All existing wards of court will be discharged over a three-year period and, if appropriate, transitioned to a decision support arrangement under the Act.
Responsibility for the Assisted Decision Making (Capacity) Act 2015 now rests with my colleague, the Minister for Children, Disability, Equality, Integration and Youth Minister O'Gorman, and his Department.
In relation to Civil Legal Aid under the Assisted Decision Making (Capacity) legislation, my officials are working to draft the necessary legal aid regulations.
It is important to note that the Legal Aid Board is independent in the exercise of its functions. I am very aware and appreciative of the important work it does in enabling those of limited means to achieve access to justice.
Funding for the Legal Aid Board amounted to €47.9m in 2022 and in Budget 2023 an additional €3 million was allocated in respect of legal advice and support to persons under the Assisted Decision Making (Capacity Act).
The Legal Aid Board is currently planning its arrangements to provide services under the Act, and has received sanction from the Department of Public Expenditure, NDP Delivery and Reform to create a private practitioner panel of solicitors to provide services.
