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Assisted Decision-Making

Dáil Éireann Debate, Tuesday - 7 December 2021

Tuesday, 7 December 2021

Ceisteanna (403)

Alan Farrell

Ceist:

403. Deputy Alan Farrell asked the Minister for Children, Equality, Disability, Integration and Youth when he expects the decision support service to be made operational; and if he will make a statement on the matter. [59960/21]

Amharc ar fhreagra

Freagraí scríofa

The Assisted Decision-Making (Capacity) Act 2015 (the 2015 Act) is an important piece of legislation that represents significant legal reform. It 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.

The Act 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.

Amendments are required to the 2015 Act before full commencement can take place. Work is underway on an Assisted Decision-Making (Capacity) (Amendment) Bill. The amendments will streamline processes, in the interests of those using its provisions. They will also strengthen the safeguards included in the 2015 Act.

The Decision Support Service (DSS), which is the organisation that will operate the progressive provisions of the 2015 Act, will respond to the complex decision-making needs of people with capacity difficulties. To date, the Decision Support Service has made considerable progress in putting in place the administrative and IT systems needed to operate the 2015 Act.

A budget of €7.3 million has been secured for the Decision Support Service in 2022. This represents an increase of €1.5 million compared to 2021 and a doubling of financial resources since the transfer of functions to the Department of Children, Equality, Disability, Integration and Youth in 2020.

The Government made a commitment in the Programme for Government to commencing the 2015 Act, recognising the importance of the much needed reform that it represents. Government has committed to full commencement of the amended 2015 Act by June 2022, and full operationalisation of the DSS by July 2022.

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