Dáil Éireann Debate, Tuesday - 4 July 2023
500. Deputy Holly Cairns asked the Minister for Children, Equality, Disability, Integration and Youth to outline when the Lunacy Regulation (Ireland) Act 1871, concerning wards of court, will be repealed. [32226/23]
View answerThe 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. Both Acts were commenced on 26th April this year.
The 2015 Act abolished the wards of court system for adults and replaces it with a system of tiered and rights based decision-making supports.
With the commencement of the Assisted Decision-Making Acts in April of this year, the Regulation of Lunacy (Ireland) Act 1871 is now repealed, save for where the Act specifies the transitional arrangements that are to apply to persons currently in wardship. Under the Act all such persons will exit wardship on a phased basis over the next three years.
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 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.
