Colm Brophy (Dublin South West, Fine Gael)

I reiterate that the Minister’s aim is to ensure the most effective operation of the assisted decision-making (capacity) legislation and to ensure that its principles are upheld and that its objectives of promoting and enshrining the rights of those with capacity difficulties to retain as much autonomy as possible are realised. We must always make sure that our laws are working for the people they are intended to serve. For this reason, the Act itself has a built-in review of its operation after a five-year period following commencement, recognising that with any significant change some issues will need to be addressed with the benefit of a period of operation and hindsight. Critical to the forthcoming review will be the experiences of stakeholders and, in particular, of service users. The role of the interdepartmental steering group that I mentioned earlier, which has been monitoring implementation since the commencement of the Act, will also be critical. The Minister will continue to work with all stakeholders to ensure that the required review of the Assisted Decision-Making (Capacity) Act captures the lived experience of people with capacity difficulties and ultimately ensures that people in Ireland are supported in retaining their autonomy and dignity in circumstances where they lose the capacity to make certain decisions and require appropriate, accessible, safe, and rights-based support.

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