Dessie Ellis (Dublin North West, Sinn Fein)
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90. To ask the Minister for Justice and Equality the timeframe for the ministerial order for the commencement of the Assisted Decision-Making (Capacity) Act 2015, which was enacted on 30 December 2015. [26510/16]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The Assisted Decision-Making (Capacity) Act 2015 was enacted in December 2015 but has not yet been commenced. Phased commencement of the Act will begin as soon as possible before the end of the year.

New administrative processes and support measures, including the setting up of the Decision Support Service within the Mental Health Commission (which is a body under the Department of Health), must be put in place before the legislation comes into force.

Careful planning and groundwork, and not just funding, has to be put in place to ensure that the commencement of the Act is correctly, appropriately and effectively handled. My Department is working carefully on this at present in consultation with the Department of Health and the Mental Health Commission. A high-level Steering Group is overseeing the establishment and commissioning of the Decision Support Service. It is intended that the recruitment of a Director for the Decision Support Service will commence in the coming weeks.

The commencement of Part 8 of the Act, which provides a legislative framework for advance healthcare directives, is a matter for the Minister for Health.