Jonathan O'Brien (Cork North Central, Sinn Fein)
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152. To ask the Minister for Justice and Equality her plans to review all current wards of court; and the timeframe during which this will happen. [9926/17]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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As the Deputy may be aware, the Assisted Decision-Making (Capacity) Act 2015 was signed into law on 30 December 2015. The Act provides a modern statutory framework to support decision-making by adults with capacity difficulties and is being commenced on a phased basis. It is intended that significant progress will be made in 2017 on the implementation of the new decision-making support options provided for in the Act.

The specific decision-making supports available under the Act to adults with capacity difficulties are decision-making assistants, co-decision-makers and decision-making representatives who will be supervised by the Director of the Decision Support Service. New administrative processes and support measures, including the setting up of the Decision Support Service within the Mental Health Commission must be put in place before the substantive provisions of the Act come into force. 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.

In relation to Wards of Court, the Act provides that adults currently in wardship will transition to the new decision-making support arrangements provided for in the Act on a phased basis over 3 years from the commencement of Part 6 of the Act. Once Part 6 is operational, each ward 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. The new support options must be operational before the Lunacy Regulation (Ireland) Act 1871 can be repealed and the transition for wardship can commence. In the interim, capacity cases will continue to be dealt with by the wardship court.