Dáil Éireann Debate, Tuesday - 31 May 2022
496. Deputy Marian Harkin asked the Minister for Children, Equality, Disability, Integration and Youth if the decision making and assisted decision-making (capacity) (Amendment) Bill 2021 amending the Assisted Decision-Making (Capacity) Act 2015 will be enacted in June 2022 as committed to by Government; and if he will make a statement on the matter. [27519/22]
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 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.
The Decision Support Service (DSS), which is the organisation that will operate the 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.
Amendments are required to the 2015 Act before full commencement can take place. The Assisted Decision-Making (Capacity) (Amendment) Bill, was published on 30th May and will streamline processes in the interests of those using its provisions. Amendments will also strengthen the safeguards included in the 2015 Act.
The Programme for Government remains committed to commencing the amended 2015 Act in full by June 2022, recognising the importance of the much needed reform that it represents. This will allow the Decision Support Service to become fully operational and provide the progressive services and supports of the 2015 Act.
The Assisted Decision-Making (Capacity) (Amendment) Bill 2022 is scheduled to be introduced to the Dáil and begin its passage through the Houses on 1st June this year.
