Micheál Martin (Cork South Central, Fianna Fail)
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443. To ask the Minister for Health his plans for the development of independent advocacy services to support vulnerable persons in view of the enactment of the Assisted Decision Making (Capacity) Act 2015 and the planned Disability (Miscellaneous Provisions) Bill 2016; his further plans to prepare for the implementation of the Safeguarding of Vulnerable Adults Bill 2017; and if he will make a statement on the matter. [32610/17]

Jim Daly (Cork South West, Fine Gael)
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The Assisted Decision Making (Capacity) Act 2015, which is the responsibility of the Department of Justice and Equality, provides for the establishment of the Decision Support Service within the Mental Health Commission to support decision-making by and for adults with capacity difficulties and to regulate individuals who are providing support to people with capacity difficulties. A Steering Group chaired by the Department of Justice and Equality has been set up to progress the establishment of the Decision Support Service and this work is ongoing.

There are many Departments and agencies involved in the provision of advocacy services and as the Department of Social Protection has the remit for advocacy services for people with a disability, I will refer this matter to my colleague, Minister Regina Doherty, to respond to you directly.

The development of appropriate legislation for the safeguarding of vulnerable adults is currently under consideration. As indicated by Minister Harris during the second stage debate on Senator Colette Kelleher's Adult Safeguarding Bill 2017, the Government supports the principle of providing a legislative basis for the safeguarding of vulnerable adults. This is a broad piece of work that will involve an extensive scoping exercise across a number of different sectors to determine the precise nature of legislation that may be required.

In identifying the major legislative gaps and preferred approach to addressing these, in consultation with other Government Departments and stakeholders, the Government will be in a position to determine the Departments and agencies most equipped to lead on the development of legislative solutions and to implement them.

The Department of Health is liaising with the Office of the Attorney General with a view to asking the Law Reform Commission to conduct a scoping exercise on the nature of the legislation necessary for the safeguarding of vulnerable people and the promotion of their rights. Appropriate implementation and legislative proposals will be developed as this work progresses.