Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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115. To ask the Minister for Justice and Equality her plans to commence Part 2 of the Assisted Decision-Making (Capacity) Act 2015; and if she will make a statement on the matter. [41182/16]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The Assisted Decision-Making (Capacity) Act 2015 provides a modern statutory framework to support decision-making by adults with capacity difficulties. The Act is being commenced on a phased basis and it is my intention that the new decision-making support options provided for in the Act will be substantially implemented during 2017.

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 Act come into force. 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.

Part 2 of the Act (section 8) provides for the guiding principles that will apply before and during an intervention under the Act in relation to a "relevant person", which is a person whose capacity is in question or may shortly be in question in respect of one or more matters or who lacks capacity in respect of one or more matters. Section 2 of the Act defines an “intervention” as meaning an action, order or direction under the Act in respect of a relevant person done by (a) the Circuit Court or High Court, (b) a decision-making assistant, co-decision maker, decision-making representative, attorney or designated healthcare representative, (c) the Director of the Decision Support Service, (d) a special visitor or general visitor, or (e) a healthcare professional.

The guiding principles in section 8 of the Act link into the continuum of decision-support options provided for in the Act to respond to the needs of persons with capacity difficulties. Persons who make interventions under the Act must abide by these general principles. Section 8(5) provides that there shall be no intervention unless it is necessary to do so having regard to the individual circumstances of the relevant person.

As Part 2 of the Act is so closely connected with the new decision-making support options provided for in the Act, I am of the view that it would be premature to commence Part 2 until the Decision Support Service has been established and is ready to begin the implementation of the substantive provisions of the Act.