Dáil Éireann Debate, Tuesday - 11 May 2021
617. Deputy Seán Haughey asked the Minister for Justice the steps she is taking to ensure that there will be a smooth transition for wards of court into the new system provided for under the Assisted Decision-Making (Capacity) Act 2015 in order that there will be no diminution of their assets; and if she will make a statement on the matter. [24867/21]
Amharc ar fhreagra644. Deputy Aodhán Ó Ríordáin asked the Minister for Justice the steps that are being taken to transition for wards of court into the new systems and procedures established by the Assisted Decision-Making (Capacity) Act 2015; and the protections that are in place to protect the interests of such wards of courts from diminution of their assets following decisions taken under the Act. [24124/21]
Amharc ar fhreagra650. Deputy Richard Bruton asked the Minister for Justice the steps she is taking to ensure that there will be a smooth transition for wards of court into the new system with no diminution of their assets. [24272/21]
Amharc ar fhreagraFollowing the transfer of functions on 14 October last, responsibility for the Assisted Decision-Making (Capacity) Act 2015, now lies with my colleague, the Minister for Children, Equality, Disability, Integration and Youth. Under the provisions of the Courts Service Act 1998 management of the courts is the responsibility of the Courts Service, which is independent in its functions. However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has provided the following update on this matter. The Court Service’s Wards of Court Office has commenced planning for the discharge of wards of court under the 2015 Act. Upon commencement of Part VI of the Act, a three year time period is provided to review all existing wards of court for discharge. To prepare for this, I am informed that the Wards of Court Office has recruited additional psychiatrists to its panel of Court medical visitors for the purpose of carrying out capacity assessments. Planning for these reviews has commenced by the Office, along with the identification of additional staffing resources needed to meet the predicted increase in work-load during the review period. The Office expects a greater number of applications for discharge in the first year, with a decreasing number for the second and third year, of the review period and is planning its resources based on this assumption The Courts Service further informs me that preparations are underway for the communications process to all committees of wards of court, explaining the review period and what this will entail. This will commence when the actual proposed date is ascertained. While the planning aspect for the review of wards of court has commenced, the actual reviews will not start until the commencement of Part VI of the Act by Minister O’Gorman. I am informed by the Courts Service that those funds of wards of court that are held in court will continue to be managed prudently by the Office of Wards of Court and the Office of the Accountant of the Courts of Justice. These funds will be subject to the investment protocol of the Investment Committee of the Courts Service at all times until the funds are required to be realised and the proceeds paid to the person or persons named in the order of the Wardship Court discharging the relevant person from wardship. The majority of assets will be transferred to the relevant person or an immediate family member, depending on the capacity assessment at the time of discharge. The Department of Children, Equality, Disability, Integration and Youth is also responsible for the post-wardship provisions of the 2015 Act.
