Dáil Éireann Debate, Wednesday - 22 September 2021
139. Deputy Violet-Anne Wynne asked the Minister for Children, Equality, Disability, Integration and Youth the status of the Bill to amend the Assisted Decision-Making (Capacity) Act 2015; the other technical issues that have been resolved other than the repeal of the Marriage of Lunatics Act 1811 to date; and the actions currently being taken by his Department apart from the development of the decision support service. [45509/21]
Amharc ar fhreagraThe Assisted Decision-Making (Capacity) Act 2015 (the 2015 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. It will abolish the wards of court system for adults by repealing the Lunacy Regulation (Ireland) Act 1871. Adults currently in wardship will transition to the new decision-making support arrangements on a phased basis over 3 years from the date of commencement.
The Government made a commitment in the Programme for Government to commencing the 2015 Act, recognising the importance of the much needed reform it represents. We are working towards a date of June 2022 for full commencement. An inter-departmental steering group is meeting regularly to prepare for commencement of the Act.
Amendments are required to the 2015 Act before full commencement can take place. Work is actively underway on an Assisted Decision-Making (Capacity) (Amendment) Bill, which will address a number of issues required to streamline processes and improve safeguards for those who will rely on the provisions of the Act. I expect to be in a position to publish a Bill by year-end, and to see it enacted next year.
