Oireachtas Joint and Select Committees
Thursday, 20 May 2021
Joint Oireachtas Committee on Disability Matters
Assisted Decision-Making (Capacity) Act 2015: Decision Support Service
Ms Áine Flynn:
It is concerning that since the Act was signed into law, people have continued to be admitted to wardship in some numbers. I mentioned in my presentation today that there would be immediate provision for the review of all current adult wards of court. We believe that, in total, they number something like 2,300. That is a matter to be managed by the Office of Wards of Court, which will organise for those cases to be brought before the wardship court. They are all entitled to bring themselves up the list if they want. They do not have to wait for the wardship court to get to them and can bring their own applications to the court to have their cases reviewed and decisions made about their capacity and their need for further supports. Many may choose to take that route.
The Deputy asked whether Covid-19 has had an impact on our establishment project. We were able to mobilise quickly. Perhaps it was an advantage of being in project mode rather than business as usual. I offer my gratitude to colleagues who were able to make it happen. We were able to adjust to remote working quickly and almost without interruption. We were able to move on to remote working platform and the project was continuous.
I also welcomed the comments of the President of the High Court, the structure of the roll-out of the vaccination programme and the welcome use of the words "will" and "preference" in the context of people's consent to be administered the vaccine. That was novel and we were glad to see it.
We are sensitive to the fact that costs must not be a barrier to service. This cannot be something which only those of means are able to access, especially when one thinks of the importance to all of us of being able to plan ahead. That is why I have described it as an Act for everybody. We have presented proposals on fees for our services. The Act also provides that there can be an abatement or full waiver of fees in certain circumstances. That is important. We have also received assurances that there is no imperative that we be a self-funding service. That will be reviewed over time when we look at how we deliver when in business as usual mode, but the Minister of State, Deputy Rabbitte, said at an event of ours on 13 April that costs should not be an impediment. That was very much a theme. The Deputy asked how people of limited means, not just medical card holders, will be able to access services. The Minister of State certainly had something to say about that.
There are certain arrangements under the Act which require a formality of presenting documentation, including a statement by a legal professional, and by medical and other healthcare professionals. We are keen for people to be able to access those statements without costs getting in the way. In the UK, the Office of the Public Guardian has looked at it and has been keen to make its service, which is narrower than ours, accessible.
The Deputy mentioned the Centre for Disability Law and Policy's Mind the Gap study. I was aware of its comments about how anyone under 18 is not served by this Act. That is correct. This is an Act which applies only to those over 18.
I am aware that in other jurisdictions with roughly comparable legislation, 16 and 17-year-olds are sometimes identified as a separate cohort and provision is made for those young adults. That has not been part of the conversation here. Again, it is something that may be kept under review.
Those minor wards who turn 18 years post commencement of the Act will enter in that transition period as well. They do not have to wait until three years has passed before they are considered adults and are able to benefit from the review. Those who age out, as it were, after the Act commences will also be due to have their cases considered in that transitional review period. The position of younger adults is something to keep an eye on.