Eileen Lynch (Fine Gael) | Oireachtas source

I welcome the Minister of State to the Chamber and congratulate him on his appointment. I am delighted that we are having this very important discussion. I fully support the motion.

Like many of my colleagues, I also strongly believe that community-based living and healthcare are the way forward to allow older people to live for longer in their communities. As has been noted, we have an ageing population and people are living longer. We must look at new solutions, such as making private retirement villages with on-site healthcare provision, the norm.

I want to raise the challenges posed by the Assisted Decision-Making (Capacity) (Amendment) Act 2022, which was enacted in 2023, given the difficulties it provides for many elderly people and their families. While this legislation was a significant step forward in protecting the rights of individuals with impaired capacity, it definitely has not been without its difficulties.

While enduring power of attorney is still valid should a person lose their mental capacity, such an agreement now needs to be registered. The danger of the Assisted Decision-Making (Capacity) (Amendment) Act arises where an elderly person loses mental capacity and does not have a power of attorney in place. The Assisted Decision-Making (Capacity) (Amendment) Act then kicks in. The legislation is currently affecting many older people. When we look at dementia alone, Ireland exceeds the broader European trend, with the number of people with dementia expected to almost double by 2050. A key factor in this change appears to be the significant increase in the number of people aged over 60 and in particular in the over-85 age group, which will more than triple between 2018 and 2050. There are a lot of people living with diseases which will impact their mental capacity.

The Assisted Decision-Making (Capacity) (Amendment) Act is incredibly complex. It essentially gives decision-making power to a nominated relative or independent decision maker by order of a court when a person is no longer competent. While the system is designed to be flexible, in reality it is not. It is completely overwhelming for individuals and families, and even for professionals who are trying to navigate the process. I say this as a solicitor who has dealt with it and who finds it incredibly complex. This view is reflected by colleagues in the legal profession.

The paperwork involved can create delays and confusion, which makes it much harder for people to access the support they need in a timely manner. A second issue relates to resource constraints in regard to implementation. The Decision Support Service, which overseas the implementation of this Act, has faced significant backlogs and funding challenges. Many people in need of this decision-making support have struggled to get timely assessments or assistance. Without adequate resources the system risks failing those it was initially designed to protect.

As I indicated, awareness and training are such a problem with his Act. Healthcare professionals, legal experts and individuals affected by it are still not fully aware of how it works and what is the best way to implement it. This is not helped by the delays that are then faced in the court system. The complex nature of the legislation is damaging older people's rights. Without widespread education and training and, potentially, the simplification of the Act, there is a risk that the rights of the vulnerable individuals that it is trying to protect will not be upheld. The Act is a step in the right direction, but these challenges must be addressed to ensure it serves those who need it most.