Seán Fleming (Laois, Fianna Fail)
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330. To ask the Minister for Health the position regarding persons with learning disabilities who have diminished capacity, lack full capacity for decision making and are in long-term residential care provided by the HSE; the rights of the parents of persons in these situations in circumstances in which they can have different views relating to the level of medication and the service provided for their adult children in these settings; and if he will make a statement on the matter. [14844/17]

Finian McGrath (Dublin Bay North, Independent)
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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.

The Act is being commenced on a phased basis. 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 the Department of Justice & Equality, the Department of Health and the Mental Health Commission is overseeing the establishment and commissioning of the Decision Support Service and this work is ongoing.

It is not possible at the moment to provide an exact timeline for the full implementation of the Act; however 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.

The current position regarding the decision-making supports available to persons with learning disabilities in long term residential care is a service matter for the Health Service Executive. Accordingly I have arranged for the Deputy’s question to be referred to the HSE for direct reply to the Deputy.