Roderic O'Gorman (Dublin West, Green Party) | Oireachtas source

I welcome the opportunity to address the House today on this issue. The Assisted Decision-Making (Capacity)(Amendment) Act 2022 was signed into law on 17 December 2022. It paves the way for the commencement of the Assisted Decision-Making (Capacity) Act 2015. This legislation will bring about major reform in Irish society. It will have a significant impact on those who lose or have lost capacity to make decisions that impact on their lives. The existing law on capacity will be changed from the status approach of the wardship system to a flexible functional approach whereby capacity is assessed on an issue and time-specific basis. Commencement of the 2015 Act will abolish the ward of court system for adults by repealing the Lunacy Regulation (Ireland) Act 1871. Adults who are currently in wardship will transition to the new decision-making support arrangement on a phased basis over three years from the date of commencement. Wardship will be replaced by a new model of tiered decision-making supports for persons lacking capacity to ensure they have the necessary assistance to make important everyday decisions.

The 2022 amendment Act addresses a number of issues identified as part of the original commencement process. Many of the amendments are technical in nature and focus on streamlining processes in the interests of those using the Act. The changes will allow the Decision Support Service to undertake its role more effectively and will reduce the administrative burden under the 2015 Act. Amendments will also improve safeguards for those making decision-support arrangements and further enshrine the concept of will and preference within the 2015 Act.

Separately, the 2022 Act has been used to progress certain provisions formerly included in the Disability (Miscellaneous Provisions) Bill 2016 which lapsed at the dissolution of the last Dáil. These include measures for closer compliance with the UNCRPD, doubling the target for the employment of persons with disabilities in the public service from 3% to 6% and a range of other measures. Following the passing of the 2022 Act a number of statutory instruments must be signed into law. They include five separate sets of regulations which must be drafted in advance of the commencement. I can confirm that my officials are currently engaging with the Office of the Parliamentary Counsel to progress the necessary statutory instruments. That drafting work is under way. There is a recognition that commencement of the 2015 Act will lead to a direct increase in applications being made to the Circuit Court, particularly in terms of Part 5 decision-making representative applications. With this in mind, I recently commenced a specific provision in the 2022 Act, providing for an increase in the number of judges who can be appointed to the Circuit Court to ensure sufficient resources are available to manage the increased workload associated with the commencement of this legislation.

The Decision Support Service, which is the organisation that will operate the 2015 Act, will respond to the complex decision-making needs of persons with capacity difficulties. The preparations of the Decision Support Service have gone well and it is currently finalising its progress for the commencement of the Act. Significant work is also under way in the HSE and the Courts Service in preparation for commencement. Each of these organisations is also undertaking awareness-raising and training within their respective remits. A high-level steering group, chaired by my Department and comprising senior officials from relevant Departments and organisations, is overseeing the final preparations in advance of commencement of both the 2022 Act and the 2015 Act. The completion of the above preparations will provide a pathway to commencement and I expect to make an announcement on full commencement at the earliest possible opportunity.

The Government recognises the importance of the much-needed and long-overdue reform the Act represents and remains committed to commencing the 2022 Act and implementing the 2015 Act in the near future.

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