Clare Daly (Dublin Fingal, Independent)
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113. To ask the Minister for Justice and Equality when the public awareness work regarding the Assisted Decision-Making (Capacity) Act 2015 will begin; and if she will make a statement on the matter. [5433/17]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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Section 95 of the Assisted Decision-Making (Capacity) Act 2015 provides for the functions of the Director of the Decision Support Service (DSS).

Many of the functions specified in section 95(1) relate to the very important role that the Director will have in raising public awareness and providing information to the public. These functions include promoting public awareness of the Act, promoting public confidence in the process of dealing with matters affecting persons with capacity difficulties, providing information on the various decision-making support options available under the Act, providing guidance and information to persons with capacity difficulties, to persons who have been appointed to assist in decision-making, and to bodies and organisations, and the establishment of a website.

These public awareness and information functions complement the other principal functions of the Director, which include identifying and making recommendations for change of practices in organisations in relation to persons with decision-making capacity difficulties, and supervising and handling complaints against those who are appointed to assist in making decisions.

It is expected that the Director will begin to carry out the public awareness and information functions under the Act following his or her appointment. The recruitment and appointment of the Director of the DSS, and the appointment of DSS staff, is a matter for the Mental Health Commission (a body under the Department of Health) with the approval of the Minister for Health. This is provided for in section 94(2)(a), section 97(2) and section 98(4) of the Assisted Decision Making (Capacity) Act 2015. These provisions of the 2015 Act were commenced on 17 October 2016 by the Assisted Decision-Making (Capacity) Act 2015 (Commencement of Certain Provisions) Order 2016 (S.I. No. 515 of 2016). My Department does not have any statutory function in relation to the recruitment and appointment of the Director.