Colm Brophy (Dublin South West, Fine Gael)
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531. To ask the Tánaiste and Minister for Justice and Equality the implementation schedule for the Assisted Decision-Making (Capacity) Act 2015; when the Act will be fully implemented; and if he will make a statement on the matter. [46559/17]

Charles Flanagan (Laois, Fine Gael)
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The Assisted Decision-Making (Capacity) Act 2015 (“2015 Act”) provides a modern statutory framework to support decision-making by adults with decision-making capacity difficulties. The 2015 Act provides for the setting up of the Decision Support Service within the Mental Health Commission to support decision-making by and for adults with capacity difficulties.

New administrative processes and support measures, including the setting up of the Decision Support Service within the Mental Health Commission (a body under the Department of Health), must be put in place before the substantive provisions of the Act can be commenced. A high-level Steering Group comprised of senior officials from the Department of Justice and Equality, the Department of Health, the Mental Health Commission and the Courts Service, together with the Director of the Decision Support Service, is overseeing the establishment and commissioning of the Decision Support Service and this work is on-going.

The key preparations are being put in place under the oversight of the Steering Group to allow for commencement orders for the provisions of the 2015 Act to be made when the Decision Support Service is ready to roll out the new decision-making support options.

The 2018 Budget provides for an allocation of €3 million in the Justice and Equality Vote for the establishment of the Decision Support Service.

The Assisted Decision-Making (Capacity) Act 2015 (Commencement of Certain Provisions) Order 2016 (S.I. No. 515 of 2016), brought some provisions of Part 1 (Preliminary and General) and Part 9 (Director of the Decision Support Service) of the Act into operation on 17 October 2016. These provisions were brought into operation in order to progress the setting up of the Decision Support Service and to enable the process of recruitment of the Director of the Decision Support Service to begin.

Ms Áine Flynn was appointed Director of the Decision Support Service on 2 October 2017.

The commencement of Part 8 of the Act, which provides for a legislative framework for advance healthcare directives, is a matter for the Minister for Health.

It is not possible at the moment to provide an exact time line for the full implementation of the 2015 Act, not least because the newly appointed Director, with the assistance of a project manager who is expected to be in place shortly, will need to scope out the time line for the implementation of the Act.