Martin Ferris (Kerry, Sinn Fein)
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62. To ask the Minister for Justice and Equality if she will confirm, in view of the Assisted Decision Making (Capacity) Act 2015, whether the parents and legal guardians of persons residing in St. Mary of the Angels, Beaufort, County Kerry, will continue to have the right to make decisions on the accommodation of these persons; her views on whether any of the proposed provisions of the Bill could impact on those rights; and her views on whether the State or any other agency is assuming the legal rights of residents who are 18 years of age or over. [32822/16]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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As the Deputy is aware, Members of the Government are not officially responsible to the Dáil for interpreting or stating the law, and therefore it would not be appropriate for me to comment or advise in relation to this individual case.

However, in order to be of assistance to the Deputy, I can say that the primary aim of the Assisted Decision-Making (Capacity) Act 2015 is to put in place a new legislative framework to support persons with capacity difficulties, including those with intellectual disabilities, in a manner that is compliant with the UN Convention on the Rights of Persons with Disabilities. One of the key requirements of the UN Convention is that persons with capacity difficulties should be enabled to exercise decision-making autonomy. Consequently, the starting point in the Act is one of enabling persons with capacity difficulties to take their own decisions to the greatest extent possible. Where they are unable to take decisions themselves, the Act provides for a series of decision-making supports. However, the priority remains one of ensuring that the person's will and preferences are respected as far as possible.

While I recognise the fundamental and critical role of parents, siblings and other relatives in relation to the day-to-day lives of many people who need assistance in exercising their legal capacity, the focus of the Act is on enabling persons to make their own decisions, including choosing whom they wish to support them in the decision-making process. However, where persons with capacity difficulties are unable to take decisions themselves, it is likely that, in many cases, family members will be centrally involved in the decision-making support options available under the Act. Under the co-decision-making option in particular, where decisions are made jointly by the person with capacity difficulties and by the co-decision-maker, it is anticipated that the co-decision-maker will often be a family member as it is a requirement of this support option that the co-decision-maker should know the person and understand his or her will and preferences. It will also be possible for a family member to apply to the court to be appointed as a decision-making representative for a person with capacity difficulties where that person lacks decision-making capacity. The Act, in setting out guiding principles and the scope and level of intervention, will be of considerable help to persons with decision-making capacity difficulties and their supportive families. In addition, the Decision Support Service, which is to be set up within the Mental Health Commission, will be able to provide advice and support to persons with capacity difficulties and the families who help them.

Commencement of the Act is being carried out on a phased basis. 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 substantive provisions of the legislation come 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 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.