Seanad debates

Tuesday, 29 November 2022

Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Report Stage

 

1:00 pm

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

This amendment extends the cap on Circuit Court judges to 40, an increase of three. I am aware that the commencement of the 2015 Act will impact the Circuit Court, particularly in terms of the appointment of decision-making representatives under Part 5. All decision-making representative applications will go to the Circuit Court once the Act is commenced. When combined with the changes made to the nursing homes support scheme, we must acknowledge the increased caseload that will be generated for the Circuit Court. Without a period of operation of the 2015 Act to examine, it is not possible to be exact as to the number of applications expected to come before the Circuit Court, but it is estimated by the Decision Support Service that there will be approximately 1,200 court applications each year under Part 5 of the 2015 Act. In addition, the Circuit Court will now deal with nursing homes support scheme applications, which will be formally carried out by county registrars. This follows the introduction of Government amendments on Committee Stage, having regard to the superior protections offered in the 2015 Act relating to the relevant person's will and preference.

The inclusion of the proposed amendment to allow for the immediate recruitment of three Circuit Court judges will ensure that, in advance of broader considerations around judicial resourcing, the immediate caseload generated by the commencement of the 2015 Act will be more manageable. I thank my colleagues, the Ministers for Justice and Public Expenditure and Reform, for supporting this important measure, which ensures that the Circuit Court will be ready to process Part 5 applications upon commencement.

Comments

No comments

Log in or join to post a public comment.