Ms Áine Flynn:

The Department of Children, Equality, Disability, Integration and Youth has responsibility for the Assisted Decision-Making (Capacity) Act 2015. It is enacted legislation and indications have been given that it will be fully commenced by June or July of next year. It is subject to certain amendments. In fact, we understand that heads of Bill to amend that Act are to go before Cabinet imminently and a Bill will be published before the end of the year. The amending legislation will have to be enacted before that Act can be fully commenced, which we believe will be in June. It deals with the issue of capacity and how it is to be assessed. It establishes a uniform approach to assessing capacity. The Deputy is correct that it is important the assisted decision-making Act comes to life before any amendments to the Act now before this committee. This is because capacity will be interpreted and applied in a particular way, and consent assessed and arrived at, subject to the supports provided for under the 2015 Act.