Violet-Anne Wynne (Clare, Sinn Fein) | Oireachtas source

I thank all of our guests for attending and the information that they have given so far has been very extensive. I want to use my time to relay the frustrations of the people who have been impacted by the fact that the Assisted Decision-Making (Capacity) Act has been delayed in its commencement and the implications a delay has on individuals. The time that lapses between the introduction of legislation and its commencement can be years, which is hugely unfortunate. In addition, it makes the introduction of legislation slightly redundant. Stand-alone legislation seems like it is not good enough. We need commencement, implementation, resources and regulation.

I am aware of specific difficulties with the ward of courts process from families I have had the pleasure of communicating with about the implications that this has for them and their families. I welcome the point that has been made about the role of an existing carer or even a family member being afforded the opportunity to facilitate that decision-making capacity, and also that it has to be the will and preference of the individual in question. That aspect is hugely important because the provisions have created a bit of nervousness within families about what is in store once the legislation is commenced.

The Mental Health Commission, in its 2019 annual report, noted that the ward of court process has been determined to be insufficient in hearing the voice of the ward and lacks safeguards in the interest of the ward. Can DSS representatives discuss how the new service will ensure the voice of the relevant person?

There has been discursive conflict between the carers' interests and how carers have been depicted by designated adult protection officers, DAPOs, perhaps. The witnesses have said that they are aware of the matter so I will move on.

I welcome the abolition of the Lunacy Regulation (Ireland) Act 1871. It is hard to stomach that such archaic legislation held sway in a modern, 21st century Ireland. Mr. John Dunne, Family Carers Ireland, has expressed deep concerns about a distinct lack of meaningful consultation with many different stakeholders and is dubious that these issues will be resolved over the next 12 months. The organisation anticipates that anywhere between 10,000 and 25,000 people will want to register some aspect of a decision in court and he does not feel that many people will feel a direct benefit. Will that volume of applicants be dealt with in a timely fashion?

I noted that Ms Flynn stated earlier when discussing the commencement that it was decided to have a 24-month project. Please elaborate on why the project could not be more succinct and be for a 12-month period. I ask because I am conscious that the situation will have a knock-on effect on families who have really needed an intervention for the past number of years and for the Act to be commenced.

Finally, does the DSS put excess stress and pressure on family carers? The scheme relies on civil society to make it fly. The intricacies of the duties and obligations of family carers get increasingly nuanced and complicated as more policies come into play. Are there supports for family members who will take up the role in being able to implement decision-making effectively for the person in question?