Written answers

Wednesday, 30 April 2014

Department of Justice and Equality

Proposed Legislation

Photo of Eric ByrneEric Byrne (Dublin South Central, Labour)
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550. To ask the Minister for Justice and Equality his views on assisted decision making; and if he will make a statement on the matter. [18732/14]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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My Department is currently preparing for Committee Stage of the Assisted Decision-Making (Capacity) Bill. The intention is that Committee Stage would take place during this session before the Dáil Select Committee on Justice, Defence and Equality. As the Deputy will be aware, that Committee is itself responsible for decisions on scheduling of its work. I understand, in this regard, that the Committee has sought and obtained further submissions on the Bill.

The Assisted Decision-Making (Capacity) Bill has been designed to provide a continuum of decision-making support options to safeguard a person's autonomy to the greatest extent possible. The assisted decision-making option is aimed at the person whose decision-making capacity is somewhat impaired but who, with the necessary information and explanation, could exercise his or her decision-making capacity. This option allows the person to appoint a decision-making assistant under a decision-making assistance agreement that sets out the role and responsibilities of the decision-making assistant.

This is only one of three types of intervention contemplated by the Bill in the area of assisted decision-making for persons who have difficulties in terms of decision-making. The second option is co-decision-making which allows for joint decision-making with a co-decision-maker under a co-decision-making agreement. The third option involves the appointment of a decision-making representative to take decisions on the person's behalf, as a last resort option where the person lacks capacity, but subject to safeguards such as the obligation to take account of the person's will and preferences. The Bill also makes reforms to the Enduring Power of Attorney legislation and provides for the creation of a new Office of the Public Guardian to oversee these new options. It also provides for the abolition of wardship.

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