Written answers

Tuesday, 26 April 2016

Department of Justice and Equality

Legislative Measures

Photo of Josepha MadiganJosepha Madigan (Dublin Rathdown, Fine Gael)
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187. To ask the Minister for Justice and Equality when the Assisted Decision-Making (Capacity) Act 2015 will commence; the funding she has allocated for the decision support service in 2016; and if she will make a statement on the matter. [8629/16]

Photo of Tommy BroughanTommy Broughan (Dublin Bay North, Independent)
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216. To ask the Minister for Justice and Equality her plans to commence the Assisted Decision-Making (Capacity) Act 2015; and if she will make a statement on the matter. [8312/16]

Photo of Tommy BroughanTommy Broughan (Dublin Bay North, Independent)
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217. To ask the Minister for Justice and Equality when funding will be provided to establish a decision support service under the Assisted Decision-Making (Capacity) Act 2015; and if she will make a statement on the matter. [8313/16]

Photo of Finian McGrathFinian McGrath (Dublin Bay North, Independent)
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231. To ask the Minister for Justice and Equality her views on correspondence (details supplied) regarding the Assisted Decision-Making (Capacity) Act 2015 and the commencement date of this Act; and if she will make a statement on the matter. [8480/16]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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I propose to take Questions Nos. 187, 216, 217 and 231 together.

The Assisted Decision-Making (Capacity) Act 2015 was signed into law by the President on 30 December 2015 but has not yet been commenced. New administrative processes and support measures, including the setting up of the Decision Support Service within the Mental Health Commission, must be put in place before the legislation comes into force. The Mental Health Commission is an agency under the Department of Health, and the Department of Justice & Equality will be liaising with the Department of Health in bringing the service into operation, including in respect of the financial implications. Minister of State Kathleen Lynch indicated during the debates on the Bill in the Seanad, that commencement of this Act is planned for the latter half of 2016 and this remains the position.

Deputies will appreciate that careful planning and groundwork, and not just funding, has to be put in to ensure that the commencement of the legislation is correctly, appropriately and effectively handled and my officials are working carefully on this at present in consultation with the Department of Health.

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