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:

In a few moments, my colleague, Ms Frowein, will discuss numbers because we have done some forecasting and the Deputy mentioned the number offered by Family Carers Ireland.

The comments by Deputy on the voice of the ward have been very well made. I wish to briefly mention that there will be an amendment to the Act to improve the position of current wards of court, and to improve Part 6 of the Act, so that that voice is better heard in the context of the review of those current wards in terms of access to the court, representation and the same periodic reviews as the relevant person who is coming in brand new to the system. I hope that I have made sense. We have been assured that there will be access to a scheme of legal aid and we have spoken to the Legal Aid Board about its preparations.

The Deputy asked whether the 24-month project could have been shorter. I wish it had been a 12-month project. I suppose with speed comes extra cost and that is what we were asked to produce. We produced a 12-month plan but the 24-month plan was the one that was approved and considered realistic in terms of resources plus the scale of the task. In fairness, I mentioned that we have six different work schemes and 28 sub-projects. We are really busy getting from here to go live given that the direction is that we do everything at once, and that is the correct direction.

In terms of carers, it is important that we do not somehow fall into setting up carers and the Independent Living Movement Ireland against each other. There is no need for that tension to exist. I am very keen to address that narrative, where we can, and provide reassurance.

I am aware of the burden carers already carry. In my past life, I worked in a law firm that acted for carers and very often on trying to unlock access to appropriate services. I was aware of the particular frustration that carers encountered when they found that they were sidelined when a child turned 18 years so I am think that I am sensitive to the plight of carers.

Our intention is not to catch people out. We seek to work with carers if they move into decision-making roles to ensure that they are the best they can be and that there are appropriate supports to ensure that their access to the Act, when they need it, is streamlined.

There is a perception, I think, that really high numbers are going to have to immediately apply to move into these formal structures. That may not necessarily prove to be the case and I do not think that is what was foreseen or intended.

Ms Frowein may comment on forecasting and on what we think, based on our best estimates looking at raw data and some survey work that we have done or perhaps the realistic levels of demand on the Act in the early phase.