Joint Committee on Children, Equality, Disability, Integration and Youth to resume pre-legislative scrutiny of the general scheme of the Assisted Decision Making (Capacity) (Amendment) Bill 2021

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 17:30-20:30. 

The following representatives are due to address the meeting:

 • Representatives from Centre for Disability, Law and Policy NUI Galway, Professor Eilionóir Flynn, and Clíona de Bhailís-PhD Candidate

• Officials from Dept. of Children, Equality, Disability, Integration and Youth, Carol Baxter, Assistant Secretary, and Niall Brunell, Principal Officer 

• Representatives from Decision Support Service, Áine Flynn, Director and John Farrelly, Chief Executive of the Mental Health Commission

• Representatives from Irish Human Rights and Equality Commission, Adam Harris, Commission Member and Dr. Iris Elliott – Head of Policy and Research 

On Tuesday, the Committee had engagement with a range of representatives from the National Federation of Voluntary Service Providers, Mental Health Reform, Independent Living Movement Ireland and National Platform of Self Advocates. 

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

Watch Committee proceedings live here and on the Houses of the Oireachtas Smartphone App, available for Apple and Android devices.