Dáil Éireann Debate, Thursday - 24 March 2022
309. Deputy Denis Naughten asked the Minister for Children, Equality, Disability, Integration and Youth the criteria that will be applied by the decision support service in establishing a panel of decision-making representatives; if this will be in practice confined to the legal profession; if not, if other persons will be considered; and if he will make a statement on the matter. [15550/22]
Amharc ar fhreagraThe 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 Decision Support Service (DSS) will operate the progressive provisions of the 2015 Act. The DSS has responsibility under the Act for establishing and maintaining panels, which includes a panel of Decision-Making Representatives. Decision-Making Representatives will perform certain specified functions under the 2015 Act and the panel will be monitored and maintained by the Decision Support Service.
As part of the ongoing preparations for the commencement of the 2015 Act, the Decision Support Service has been undertaking a recruitment process to establish the Decision-Making Representatives panel. It is intended that this panel will consist of approximately 125 members and will be geographically spread to cover different parts of the country. Criteria for inclusion on the panel will include the applicant's experience, qualifications, expertise and general suitability. There are also specified mandatory and desirable eligibility requirements attached to the recruitment of panel members, and the Decision Support Service will be providing training to all recruited panel members.
Under the 2015 Act the Decision-Making Representative role will require the making of decisions in relation to both personal welfare, and property and affairs. The Act therefore envisions a diverse panel where a broad range of Decision-Making Representatives will be recruited and that is what my Department and the DSS are working to achieve. However, it must be acknowledged that the systems and procedures the Act will introduce are novel in this jurisdiction and initial panel composition will depend on the initial eligibility and range of applicants and the outcome of associated recruitment processes.
