Peter Burke (Longford-Westmeath, Fine Gael) | Oireachtas source

I thank the Deputy for raising this very important issue and for the opportunity to discuss the Assisted Decision-Making (Capacity) Act 2015. As the Deputy will be aware, the Act was commenced in April of this year, following the passage of amending legislation, by my colleague, the Minister, Deputy O’Gorman, and the constructive input of Deputies and Senators across the Houses.

First, let me acknowledge the scale and magnitude of change that this legislation has brought about in Irish society. In repealing the Lunacy Regulation (Ireland) Act 1871 the commencement of the Assisted Decision-Making (Capacity) Act 2015 has moved our legal framework out of the 1800s and into a space where our system is recognised as one of the more progressive approaches to capacity legislation in Europe.

The Act abolishes wardship and sets out a process for existing wards to transition to new, rights-based decision support arrangements. It has ushered in a new era where capacity will no longer be approached from the out-of-date status approach but will instead be assessed on a case-by-case time and context specific manner. The Act gives people experiencing diminished capacity the opportunity to participate more equally in society and have greater power to direct the course of their own lives in an independent and dignified manner. In doing so, it brings us into alignment with the United Nations Convention on the Rights of Persons with Disabilities.

The decision support service, DSS, is a critical component of assisted decision-making, and it holds a range of different powers to implement and support the operation of the Act. The DSS plays a crucial role in ensuring that the different tiers of support under the Act are available to those who need them and holds a supervisory and safeguarding role in relation to those arrangements. It is also vital that people who want to avail of decision supports have the right information and assistance available to them, and the DSS is crucial in this regard.

I can assure the Deputy that the DSS is doing all in its power to process decision support applications in a timely manner and, wherever possible, to improve service standards. The Act is newly commenced, having only come into force in April. It is worth acknowledging that, as with any process of significant change, it will take time to fully bed in. This is particularly the case given that the scale of reform here is nothing less than the overhaul of a legal system that was older than our own State.

Just over six months on from commencement, it is extremely encouraging that there is now evidence the Act is providing its intended supports to those who need them. The DSS continues to see rising levels of engagement week on week, with 1,498 active applications in its system, comprising a mix of applications for enduring powers of attorney, co-decision making agreements and decision-making assistance agreements.

The DSS reached the milestone of 100 fully registered arrangements earlier this month, and the number of applications submitted is continuing to grow. A total of 129 decision-making representation orders have been notified by the Circuit Courts to date, and these also continue to gather pace. A high level interdepartmental steering group is continuing to monitor the implementation of the Act and to respond to teething issues as they arise, but I am pleased to note for the House that the new legislation is already supporting a significant number of people to exercise control over their own affairs even in the context.

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