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Legislative Process

Dáil Éireann Debate, Thursday - 27 May 2021

Thursday, 27 May 2021

Ceisteanna (19)

Holly Cairns

Ceist:

19. Deputy Holly Cairns asked the Minister for Children, Equality, Disability, Integration and Youth the reason for the delay in commencing the Assisted Decision-Making (Capacity) Act 2015. [28651/21]

Amharc ar fhreagra

Freagraí scríofa

I am committed to commencing the Assisted Decision-Making (Capacity) Act by June 2022, and I do not envisage a delay to that date at this point. The Government made a commitment in the Programme for Government to commencing the Act, recognising the importance of the much needed reform it represents. The Act is a very important piece of legislation that changes 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 the wards of court system for adults is abolished.

The timescale for commencement of the Act is influenced by two principal factors. The Decision Support Service, which is the organisation that will operate the progressive provisions of the Act, has to become operational and to be able to respond to the complex decision-making needs of people with capacity difficulties. Amendments are also required to the Act before full commencement can take place. Work is taking place on an Assisted Decision-Making (Capacity) (Amendment) Bill, which I expect to have enacted by the end of this year. These amendments will streamline processes, in the interests of those using its provisions. They will also strengthen the safeguards included in the Act.

Some provisions of the Act have been commenced to enable the recruitment of the Director of the Decision Support Service; the establishment of a multidisciplinary working group in relation to Advance Healthcare Directives; and most recently, on 1February this year, the repeal of the outdated Marriage of Lunatics Act 1811, which means that a ward can now marry if she or he has capacity to do so.

The Decision Support Service has made considerable progress in putting in place the administrative and IT systems needed to operate the Act. To this end I have secured a budget of €5.8 million for the Decision Support Service in 2021, a significant increase on its €3.5 million 2020 budget.

A high-level Steering Group, chaired by my Department, meets monthly to oversee and drive progress towards full commencement. The Steering Group comprises senior officials from the Department of Health, the Department of Justice, the Mental Health Commission, the HSE, the Courts Service, and the Decision Support Service, recognising that successful operation of the Act will involve multiple stakeholders. They are working towards commencement of the legislation in June 2022, with the Decision Support Service opening for business immediately thereafter.

I recognise the concerns expressed by those who are in need of the progressive provisions of the 2015 Act. However, it is also important that we develop robust systems under the Decision Support Service that respond adequately to the needs of those with capacity difficulties and of their families. I am confident that the time that we devote now to getting this process right will give us a person-centred approach that will truly be in the interests of those who need it most.

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