Helen McEntee (Meath East, Fine Gael) | Oireachtas source

We continue to support the Legal Aid Board through allocated funding. The board delivers services through directly employed solicitors in its network of law centres around the country and private solicitors from its private practitioner panels.

The board operates a total of 34 full-time law centres along with a number of part-time centres and 20 family mediation centres. Eight of the law centres and family mediation offices are co-located. The board is independent in its functions. I am aware and appreciative of the important work it does. Overall funding amounted to €47.9 million in 2022 and an additional €3 million was allocated in this year's budget to support persons under the Assisted Decision-Making (Capacity) Act.

It is currently planning its arrangements to provide services under the Act and has made a submission to me for the purpose of creating a private practitioner panel of solicitors to provide this service.

As the Deputy will be aware, the programme for Government commits to commencing the Assisted Decision Making (Capacity) Act 2015, recognising the importance of the much-needed reform that it represents. The Act will bring into effect a new legislative framework to support decision-making by adults with capacity difficulties. It provides for a three-tier framework of decision-making assistance arrangements, co-decision-making agreements and decision-making representation orders.

The 2015 Act also provides for the long-overdue repeal of the Lunacy Regulation (Ireland) Act 1871 and the bringing to an end of the system of wardship for adults. All existing wards of court will be discharged over a three-year period and, if appropriate, they will be transitioned to a decision support arrangement under the Act.

In order to commence the Act, a number of amendments were required. Responsibility for the Assisted Decision Making (Capacity) Act 2015 now rests with my colleague, the Minister for Children, Disability, Equality, Integration and Youth, Deputy O'Gorman, and his Department. He is progressing the Assisted Decision Making (Capacity) (Amendment) Bill 2022 through the Houses of the Oireachtas. The Bill contains those necessary amendments to enable the commencement of the full legislation as soon as possible thereafter. The Assisted Decision-Making (Capacity) (Amendment) Bill 2022 proposes amendments to the provisions of Part 7 of the 2015 Act relating to enduring powers of attorney. When it is commenced, new enduring powers of attorney will be required to be created in accordance with the 2015 Act. It will no longer be possible to create an enduring power under the 1996 Act once Part 7 has been commenced.

See this speech in context