Anne Rabbitte (Galway East, Fianna Fail) | Oireachtas source

I thank the Senator for raising the issue of the commencement of the Assisted Decision-Making (Capacity) Act 2015 and its importance for women with disabilities.It also shows the relevance of the newly formed Committee on Disability Matters when we are getting into the nuts and bolts of discussing persons with disabilities and, on International Women's Week, bringing in such groups to show the impact of not having the proper legislation in place and how it is restraining them. I acknowledge that its commencement will benefit women with disabilities who have capacity difficulties and I assure the Senator that everything is being done to ensure the commencement of the Act by June of next year.

The Act is very important legislation that changes the existing law on capacity from the status approach of the wardship system to a flexible functional approach, whereby capacity is assessed on an issue and time specific basis. This addresses everything the Senator has spoken about. It will abolish the wards of court system for adults by repealing the Lunacy Regulation (Ireland) Act 1871. Adults in wardship will transition to the new decision-making support arrangements on a phased basis over three years from the date of commencement.

The Government made a commitment in the programme for Government to commence the Act, recognising the importance of the much-needed reform it represents. The delays in commencement of the Act arise from two principal factors. The decision support service, which will operate the progressive provisions of the Act, has yet to become operational. It will then be able to respond to the complex decision-making needs of people with capacity difficulties. Amendments are also required to the Act before full commencement can take place. Work is actively taking place on an assisted decision-making (capacity) (amendment) Bill, which we expect to have enacted by year end. These amendments will streamline the processes in the interests of those using its provisions. They will also strengthen the safeguards included in the Act.

Some provisions of the Act have been commenced to enable the recruitment of the director of the decision support service, the establishment of a multidisciplinary working group on advance healthcare directives and, most recently, on 1 February, the repeal of the Marriage of Lunatics Act, which means that a ward can now marry if she or he has capacity to do so.

The decision support service has made considerable progress in putting in place the administrative and IT systems needed to operate the Act. To this end, a budget of €5.8 million was secured to help fund the decision support service. A high-level steering group, chaired by the Department of Children, Equality, Disability, Integration and Youth, meets monthly to oversee and drive progress towards full commencement. The steering group comprises senior officials from the Department of Health, the Mental Health Commission, the Courts Service, and the decision support service. This is in recognition of the fact that successful operation of the Act will involve multiple stakeholders. It is working towards commencement of the legislation in June 2022, with the decision support service opening for business immediately thereafter. To be honest, all of the heavy lifting is being done at the beginning so that when the Act is commenced the decision support service will be open and ready for operation, with the staff in place and the ICT system ready to run.

I recognise the frustrations of all the groups that have come, and will come, before the Committee on Disability Matters. They will tell us how this is restraining them. However, the Senator now has a good understanding of the work being done. It is also important that we develop robust systems in the decision support service that respond adequately to the needs of those with capacity difficulties and of their families. I am confident that the time that we devote now to getting this process right will give us a person-centred approach and will pay dividends in the end.