John McGuinness (Carlow-Kilkenny, Fianna Fail)
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180. To ask the Minister for Justice and Equality the changes in legislation or management of the funds held on behalf of wards of court she will introduce; if she will commence an examination of the way the funds were managed in the past; if she is satisfied that the right decisions were made relative to maximising a return for the wards of court; if she will insist on regular statements of performance being provided to each person; and if she will make a statement on the matter. [26158/16]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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As the Deputy may be aware, the phased commencement of the Assisted Decision-Making (Capacity) Act 2015 will begin as soon as possible before the end of the year. The Act provides a modern statutory framework to support decision-making by adults with capacity difficulties. The specific decision-making supports available under the Act to adults with capacity difficulties are decision-making assistants, co-decision-makers and decision-making representatives who will be supervised by the Director of the Decision Support Service.

Once the relevant provisions of the Act have been commenced, each ward of court who is an adult will be reviewed by the wardship court in accordance with the new system. A ward who is found to have capacity will be discharged from wardship. A ward who continues to have capacity needs will be discharged from wardship and offered the decision-making support option most appropriate to his or her needs.

As the Deputy may also be aware, jurisdiction in Wards of Court matters is vested in the High Court. Section 4(3) of the Courts Service Act 1998 provides that the Courts Service is independent in the performance of its functions, including the management of the Courts. Court funds which are held for the benefit of Wards of Court are private funds under the control of the Courts Service which, through its offices in the High, Circuit and District Courts, has responsibility for the management and investment of funds in court.

However, in order to be of assistance to the Deputy, I have had inquiries made and the Courts Service has advised that the investment arrangements for all court funds operate under a structured framework. The Investment Committee of the Courts Service has an advisory role and its main function is to devise investment policy for court funds, oversee the recommendations received from its investment advisors, and to ensure compliance with best practice in the management of court funds. The Committee comprises members of the judiciary, representatives from the Courts Service and independent members. The Committee is chaired by the President of the High Court and is also supported by external investment advisors. The Courts Service also produces annual financial statements and is subject to both internal and external audit. The audited financial statements are published each year in accordance with the Superior Court Rules and published on the Courts Service website at www.courts.ie.

Arrangements have been made to carry out an independent review as requested in the Public Accounts Committee in its Report on Wards of Court Funds in July 2015 and the Courts Service has informed me that this review will be completed shortly. In addition, individual statements on the performance of court funds will be issued. However, it is important to ensure that data held on each case, such as names and addresses of person's to whom sensitive information is issued, is accurate and up to date and work has commenced to update and verify the information held on the Courts Service tracking systems. This will be completed by the end of 2016, at which time individual statements will issue.