Oireachtas Joint and Select Committees

Thursday, 20 May 2021

Joint Oireachtas Committee on Disability Matters

Assisted Decision-Making (Capacity) Act 2015: Decision Support Service

Photo of Pauline TullyPauline Tully (Cavan-Monaghan, Sinn Fein) | Oireachtas source

I thank Ms Flynn for her presentation. I thank all of the guests for attending the meeting to inform us about the Assisted Decision-Making (Capacity) Act 2015 and the establishment of the Decision Support Service, DSS. We all recognise the importance of this matter, particularly in terms of the full implementation of the UNCRPD that, without this Act, cannot be fully realised.

My first questions concern the timescale. The Act was passed in 2015. Was it always foreseen that it would take seven years for the Act to be operational? Was there an issue with funding? What issues delayed the Bill, if it was delayed, or was that always going to be the timescale?

In terms of the role of decision-making assistant, co-decision-maker or decision-making representative, will the process of engaging with the service be straightforward and uncomplicated? How will people find information and access the service?

Does the DSS anticipate tension and possible opposition to the operation of the Act from family carers, especially those who care for family members with fairly complex disabilities who may feel, as next of kin, they know what is right for the person concerned? Will family carers end up, in some cases, as the decision-making representative? Is that possible or does it have to be someone who is neutral to the family? Sometimes decisions could be made by a person that are contrary to what other persons in the family feel is the right thing. If so, how can that situation be resolved? How will the service communicate with people who are not verbal or have extreme or complex disabilities?

I had a question about costs but I believe Ms Flynn has dealt with the issue when she responded to the previous speaker.

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