Colm Brophy (Dublin South West, Fine Gael)

I thank Deputy Sherlock for raising this important issue and for offering me the opportunity to respond.

The Assisted Decision-Making (Capacity) Act 2015 was commenced in 2023, and it represents a landmark legal reform in this country. The Act replaced the 1871 Victorian-era wards of court system with a rights-based model for tiered decision support arrangements. It is a key component of our compliance with the United Nations Convention on the Rights of Persons with Disabilities, UNCRPD, and has positioned Ireland as a leader on capacity law internationally. The 2015 Act was developed in close consultation with a wide range of stakeholders and was welcomed by disability groups, advocacy groups and safeguarding groups alike. A review of the Act not later than five years after its commencement is required under the legislation itself, and the programme for Government also commits to a review.

In assessing the operation of the Act, it is important to bear in mind that the Act represents ambitious and systemic reform of a system that predates the Irish State. We need to distinguish teething pains and the adjustment of sectors and professions to significant change from the areas where the Act itself must be improved. Legislative review can only be approached with the insights of a sufficient period of operation. Where improvements to the Act may be necessary, they will be made. In that regard, the operation of the Act is continuously monitored to ensure its effective operation. Issues arising are examined and addressed, as appropriate, and co-ordinated by an interdepartmental steering group chaired by the Department.

The Minister has been paying close attention to the operation of the Act and is pleased to see that the available data shows significant and increasing numbers of people engaging positively with the new system. To date, the Decision Support Service has registered almost 4,000 decision support arrangements, including more than 2,300 enduring powers of attorney, indicating a robust uptake. Ensuring the accessibility and efficiency for decision supports is vital. While some aspects of the Act relate to court processes, within the Minister’s direct remit is the availability and quality of DSS services. Both the Department and the DSS have engaged with a wide range of stakeholders to understand the experiences of the Act and to identify and address any difficulties that may be arising.

In the main, experiences have been extremely positive, but action has been taken to address barriers to accessing services and supports. This has included engagement with the legal profession in respect of their role in the EPA application process and the establishment of a dedicated EPA helpdesk to ensure individuals who require additional assistance in completing an online EPA application are supported in doing so. Individuals who are unable to utilise the online portal, for a variety of reasons, are facilitated in making an EPA application manually. Officials in the Department will continue to monitor and review the operational issues as they arise. In all aspects, the Minister’s primary concern is that the Act delivers appropriate, safe and rights-based supports.

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