Children's Committee to begin pre-legislative scrutiny of the Assisted Decision Making Bill

The Assisted Decision Making (Capacity) Act was signed at the end of 2015 but was never fully commenced. The Committee is giving this Bill priority consideration so that the 2015 Act can be amended and commenced by the June 2022 deadline.

The Act proposes a modern statutory framework to support decision-making by adults who have difficulty in making decisions without assistance. 

It also seeks to change 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 and will abolish the wards of court system for adults by repealing the Lunacy Regulation (Ireland) Act 1871. 

The meeting will take place in Committee Room 4 of Leinster House between 3-6pm.

The following representatives are due to address the meeting. 

• Representatives from National Platform of Self Advocates , Joe McGrath and Dermot Lowndes
• Representatives from Independent Living Movement Ireland , Peter Kearns, ONSIDE Project Coordinator,
• Representatives from National Federation of Voluntary Service Providers, Alison Harnett Chief Executive, and Teresa Mallon, Chair of the Assisted Decision Making Reference Group,
• Representatives from Mental Health Reform, Fiona Coyle, Chief Executive and Bernadette Grogan Policy and Research Manager

Speaking ahead of the meeting, Committee Cathaoirleach Deputy Kathleen Funchion said: “The Committee welcomes the opportunity to hear from a variety of stakeholders regarding the Bill after putting a call out for submissions at the end of last year."

"The proposed legislation will amend the Assisted Decision-Making (Capacity) Act 2015, improving processes and safeguards for those who will make use of the new decision-making supports.” 

“The Act will ensure there is a person centered framework in order to strengthen the autonomy of people who need support when making decisions about their welfare, financial affairs and property.”

“Any amendments to the Act will have to take into consideration the best interests of those using its provisions and the eventual recommendations from this Committee.”

The Joint Committee on Children, Disability, Equality, Integration and Youth has 14 Members, nine from the Dáil and five from the Seanad.

Committee proceedings can be watched live on oireachtas.ie and on the Houses of the Oireachtas Smartphone App, available for Apple and Android devices.