Dáil Éireann Debate, Tuesday - 5 October 2021
489. Deputy Thomas Pringle asked the Minister for Children, Equality, Disability, Integration and Youth the breakdown by section, including a precise timeline for the commencement and the reason for the delay in commencement, of the remaining sections of the Assisted Decision-Making (Capacity) Act 2015, in tabular form; and if he will make a statement on the matter. [48147/21]
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 of all remaining sections of the 2015 Act and establishment of the Decision Support Service immediately thereafter. An inter-departmental steering group is meeting regularly to prepare for commencement of the Act.
The delays in commencement of the 2015 Act arise from two principal factors. The Decision Support Service (DSS), which is the organisation that will operate the progressive provisions of the 2015 Act, has to become fully operational and be able to respond to the complex decision-making needs of people with capacity difficulties. The DSS has made considerable progress in putting in place the administrative and IT systems needed to operate the 2015 Act. To this end a budget of €5.8 million was secured for the DSS for 2021, a significant increase on its €3.5 million 2020 budget.
Amendments are also required to the 2015 Act before full commencement can take place. Work is actively taking place 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.
The current status of the 2015 Act, outlining the sections already commenced and those that will be commenced in June 2022 following the passage of the required amending legislation, are summarised in the following table.
|
Section |
Commencement status |
Commencement Date |
Relevant instrument |
|
1-2 |
Commenced |
17 Oct 2016 |
S.I. No. 515 of 2016 |
|
3-4 |
Not yet commenced |
June 2022 |
|
|
5-6 |
Commenced |
17 Oct 2016 |
S.I. No. 515 of 2016 |
|
7(1) |
Commenced |
1 Feb 2021 |
S.I. No. 24 of 2021 |
|
7(2) |
Not yet commenced |
June 2022 |
|
|
8-81 |
Not yet commenced |
June 2022 |
|
|
82 insofar as it relates to definition of “Minister” |
Commenced |
17 Oct 2016 |
S.I. No. 515 of 2016 |
|
83-90 |
Not yet commenced |
June 2022 |
|
|
91(1) insofar as it relates to the definition of “Code of Practice” and “Working Group” |
Commenced |
17 Oct 2016 |
S.I. No. 515 of 2016 |
|
91(1) other than insofar as it relates to the above. |
Commenced |
17 December 2018 |
S.I. No. 527 of 2018. |
|
91(2) |
Commenced |
17 Oct 2016 |
S.I. No. 515 of 2016 |
|
91(3) – (14) |
Commenced |
17 December 2018 |
S.I. No. 527 of 2018. |
|
92-93 |
Not yet commenced |
June 2022 |
|
|
94-95 |
Commenced |
17 Oct 2016 |
S.I. No. 515 of 2016 |
|
96 |
Not yet commenced |
June 2022 |
|
|
97-98 |
Commenced |
17 Oct 2016 |
S.I. No. 515 of 2016 |
|
99-102 |
Not yet commenced |
June 2022 |
|
|
103 |
Commenced |
17 Oct 2016 |
S.I. No. 515 of 2016 |
|
104-146 |
Not yet commenced |
June 2022 |
