Billy Kelleher (Cork North Central, Fianna Fail)
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69. To ask the Minister for Justice and Equality when she will appoint the director of decision support services in line with the Assisted Decision Making (Capacity) Act 2015; the extent of the resourcing; when the director will commence working with professionals responsible for carrying out the codes of practice; and if she will make a statement on the matter. [16850/16]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The Assisted Decision-Making (Capacity) Act 2015 was signed into law by the President on 30 December 2015 but has not yet been commenced. The Act provides for the setting up of the Decision Support Service within the Mental Health Commission, which is an independent body under the aegis of the Department of Health. The appointment of the Director of the Decision Support Service is a matter for the Mental Health Commission, as provided by section 94 of the Act.

A Steering Group on the Implementation of the Decision Support Service was recently established to oversee the establishment and commissioning of the Decision Support Service, including overseeing the recruitment of the Director of the Service and matters relating to the resourcing of the Service. The Steering Group comprises senior officials from the Department of Justice and Equality, the Department of Health and the Mental Health Commission.

In relation to the codes of practice provided for in the Act, preparatory work has commenced on preparing guidance material for healthcare and non-health care related codes of practice. This guidance material will enable the Director, when appointed, to quickly engage with the relevant stakeholders in order to publish the necessary codes of practice.

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 and the Mental Health Commission.