Dáil Éireann Debate, Wednesday - 1 June 2022
165. Deputy Catherine Murphy asked the Minister for Children, Equality, Disability, Integration and Youth if he will provide a list of the disability organisations engaged by his Department in the formation of the Assisted Decision Making (Capacity) (Amendment) Bill 2021 after pre-legislative scrutiny on the general scheme had taken place; and the date of these engagements. [28241/22]
Amharc ar fhreagraThe Programme for Government commits to commencing the 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) 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.
Following pre-legislative scrutiny by the Joint Oireachtas Committee on Children, Equality, Disability, Integration and Youth, work has moved quickly on the finalisation of a draft Bill. Given the Government's commitment to the commencement of the 2015 Act by June 2022, limited time has been available for formal consultation. However, careful attention has been given to discourse and commentary on the Bill, which has stretched back to the time of the passage of the 2015 Act itself, and for which significant consultations were undertaken. In that regard it is noted that the Amendment Bill is primarily by way of procedural improvement to the 2015 Act, not a significant policy change.
It should be also be noted that a consultation process took place at the beginning of the year on the codes of practice that will accompany the commencement of the Act, and that regular engagement between the Department and disability groups has take place in various fora, which has facilitated input on Assisted Decision-Making legislation.
Whilst not a full consultation, an update and discussion on the progress of the legislation took place with members of the Disability Stakeholder Group (DSG) on 15th March at my Department's Disability Consultative Committee meeting, and subsequently to the wider DSG at the March meeting of the full National Disability Inclusion Strategy Steering Group. The DSG is a voluntary group that oversees implementation of the Strategy and provides input to wider government disability policy, and is comprised of individuals and groups with experience of disability issues, whether lived experience, professional or academic expertise, advocacy or civil society experience, or as representatives of disabled person's organisations (DPOs).
A high-level Steering Group comprising senior officials from my Department, the Department of Justice, the Department of Health, the Mental Health Commission, the Courts Service and the HSE, together with the Director of the DSS, has overseen the preparations for commencement of the Act and these officials have also engaged with various bodies in relation to Assisted Decision-Making (Capacity) Act.
