Dáil Éireann Debate, Tuesday - 25 October 2022
501. Deputy Neasa Hourigan asked the Minister for Children, Equality, Disability, Integration and Youth if he will report on the specific allocation to his Department in Budget 2023 for the implementation of the Assisted Decision Making (Capacity) Act 2015; the total amount estimated for the full roll-out of the Act and the functions of its agencies in 2024, 2025 and 2026; and if he will make a statement on the matter. [52952/22]
Amharc ar fhreagraThe Assisted Decision-Making (Capacity) (Amendment) Bill 2022 (the Amendment Bill) is an important piece of legislation that will provide for the commencement of the Assisted Decision-Making (Capacity) Act 2015.
The commencement of the Act will change 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 before the Act can be commenced, and these are being progressed via the Assisted Decision-Making (Capacity) (Amendment) Bill 2022, which completed Report Stage in the Seanad on October 6 and has previously cleared all Dáil stages.
The Act is chiefly the responsibility of the Minister for Children, Equality, Disability, Integration and Youth, following the transfer of Equality functions from the Department of Justice. Part 8 of the Act, relating to Advance Healthcare Directives, remains the responsibility of the Minister for Health.
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. The DSS will become fully operational once the Amendment Bill has been enacted and the original 2015 Act, as amended, is commenced. I am committed to commencement of the 2015 Act as soon as possible.
A budget of €7.3 million has been allocated to the DSS 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 Budget 2023 allocation for the Decision Support Service is €8.3 million, further increased to account for additional costs related to what will be the first year of full operationalsiation for the Service. Budgets for subsequent years will be determined via the normal yearly estimates process.
While the Department of Children, Equality, Disability, Integration and Youth has budgetary responsibility for the DSS, the funding of other agencies involved in the full roll-out of the Act falls under the remit of my Ministerial colleagues and their Departments.
