Dáil Éireann Debate, Wednesday - 13 May 2020
337. Deputy Michael Healy-Rae asked the Minister for Justice and Equality if legislation will be introduced to protect vulnerable persons here (details supplied); and if he will make a statement on the matter. [4083/20]
Amharc ar fhreagraThe Deputy will be aware that the Assisted Decision-Making (Capacity) Act 2015 was signed into law on 30 December 2015 but has not yet been fully commenced. The Act provides a modern statutory framework to support decision-making by adults with capacity difficulties. It provides for the establishment of new administrative processes and support measures, including the setting up of the Decision Support Service (DSS) within the Mental Health Commission (a body under the Department of Health).
The ambition of the Act, which is wholly appropriate, does mean that it is challenging and complex to implement. A high-level Steering Group comprising senior officials from the Department of Justice and Equality, the Department of Health, the Mental Health Commission and the Courts Service, together with the Director of the DSS, is overseeing the establishment and commissioning of the Decision Support Service and this work is ongoing.
The key preparations are being put in place under the oversight of the Steering Group to allow for commencement orders for the main operative provisions of the 2015 Act to be made when the necessary preparations have been completed to enable the DSS to roll out the new decision-making support options.
To provide safeguards against exploitation of persons with decision-making difficulties, the Assisted Decision-Making (Capacity) Act 2015 creates a number of offences in relation to persons with decision-making capacity difficulties. In particular, section 145 of the Act provides that a decision-making assistant, co-decision-maker, decision-making representative, attorney, or designated healthcare representative for a person who wilfully ill-treats or neglects that person will be guilty of an offence.
The Act also creates a number of offences in relation to coercion or undue influence of a person with capacity difficulties that forces the person to enter into, alter or revoke one of the decision-making support arrangements under the Act. Coercion or undue influence includes any case where a person’s access to, or continued stay in, a designated centre or mental health facility, is contingent (whether in whole or in part) on the person having to, or being led to believe that he or she has to, enter into (or alter or revoke) a decision-making support arrangement.
Further to this, the Policing and Community Safety Bill is being drafted by my Department to give legislative effect to the recommendations of the Report of the Commission on the Future of Policing in Ireland (CoFPI). It will redefine policing to include prevention of harm to those who are vulnerable and place an obligation on relevant state agencies to cooperate with An Garda Síochána in relation to the broader issue of community safety. It will also provide for a new coherent governance and oversight framework to empower the Garda Commissioner to act as CEO supported and held to account by a non-executive Board, ensure strong internal governance and robust, transparent external oversight and effective accountability which will ultimately lead to a better run organisation and more effective policing.
Although significant operational and other policy across health sector organisations has been in place for some time, the Minister for Health has identified a need to establish a national sectorial policy for safeguarding adults in the health and social care sector. The Government subsequently approved the development of an overarching policy on adult safeguarding across the public, voluntary and private health sector.
As I understand it, the Department of Health is advancing the necessary work, including client, expert and stakeholder engagement, and that preparation of this policy is advancing well. At present, the aim is to substantially complete work this year on a draft health sector policy subject to Government approval, with a focus in 2021 of preparing and planning for implementation, including consideration of necessary actions and tools to support roll out across health and social care services. In the meantime, adult safeguarding in the health and social care sector is addressed on the basis of:
Cross-sectorial legislation such as vetting legislation, legislation on withholding information on certain offences against children and vulnerable persons, criminal law, equal status legislation, legislation underpinning the National Disability Inclusion Strategy and assisted decision-making (capacity) legislation;
An operational policy, currently under revision, which applies to all HSE and HSE-funded social care services (the "“Safeguarding Vulnerable Persons at Risk of Abuse - National Policy and Procedures (2014)” and joint national adult safeguarding standards prepared by the Health Information and Quality Authority and the Mental Health Commission and approved in 2019 by the Minister for Health, applicable to regulated social care and healthcare (including mental health) services.
