Margaret Murphy O'Mahony (Cork South West, Fianna Fail)
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16. To ask the Minister for Justice and Equality the budget which has been allocated by her Department for the effective implementation of the Assisted Decision-Making (Capacity) Act; if resources will be made available for the recruitment of the director of the decision support service to fulfil their functions in raising public awareness, promoting public confidence and supervising decision making supports and investigations to the fullest; and if any lessons will be learned from the experience in England and Wales where the Mental Capacity Act is failing due to lack of awareness and poor implementation. [29461/16]

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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18. To ask the Minister for Justice and Equality the budget which has been allocated for the effective implementation of the Assisted Decision-Making (Capacity) Act; if resources will be made available for the recruitment of the director of the decision support service to fulfil their functions in raising public awareness, promoting public confidence and supervising decision making supports and investigations to the fullest; if lessons will be learned from the experience in England and Wales where the Mental Capacity Act is failing due to lack of awareness and poor implementation; and if she will make a statement on the matter. [29913/16]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I propose to take Questions Nos. 16 and 18 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. The Act provides a modern statutory framework to support decision-making by adults with capacity difficulties.

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.

Commencement of the Act will begin as soon as possible on a phased basis before the end of the year. My Department has policy responsibility for the implementation of the Act. 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.

The Act provides for the setting up of the Decision Support Service within the Mental Health Commission. The Mental Health Commission is an agency under the Department of Health and it falls within the remit of the Minister for Health. My Department is liaising closely with the Department of Health in establishing the Decision Support Service within the Mental Health Commission, including in respect of the financial implications. A high-level Steering Group comprised of senior officials from my Department, the Department of Health and the Mental Health Commission is overseeing the establishment and commissioning of the Decision Support Service.

The budget for the Decision Support Service and the mechanism through which its funding will be supplied is being dealt with as part of the 2017 Estimates process.

A business case requesting sanction for the appointment of the Director of the Decision Support Service was prepared by my Department and recently submitted to the Department of Public Expenditure and Reform by the Department of Health. It is my intention to shortly commence certain provisions of the 2015 Act that allow for the recruitment of the Director. It is intended that the Mental Health Commission will commence the process of recruiting a Director as quickly as possible.

The experience of England and Wales in implementing the Mental Capacity Act 2004 will be considered in relation to the rollout and management of an effective Decision Support Service in Ireland. As the Deputy will be aware, the statutory functions of the Director of the Decision Support Service include promoting public awareness of the Act and providing information on the various decision-making support options under the Act and providing guidance and information to persons who have been appointed to assist in decision-making.