Clare Daly (Dublin Fingal, Independent)
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118. To ask the Tánaiste and Minister for Justice and Equality if a system exists whereby a personal and dedicated advocate for the welfare and needs of a ward of court whose committee is the general solicitor may be appointed in view of the fact that such wards are intensely vulnerable and their needs and welfare may not be adequately provided for in the absence of a dedicated advocate; and, if no such system exists, his plans to introduce same. [49708/17]

Charles Flanagan (Laois, Fine Gael)
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As the Deputy is aware, the High Court has jurisdiction in wards of court matters and management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions under the Courts Service Act 1998. 

However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that when a person is taken into wardship, the President of the High Court appoints a Committee, usually one person, and that Committee has an important role in relation to the ward's personal welfare and property. In approximately 75% of all cases the ward’s Committee is a family member or a trusted friend.

The Courts Service has also informed me that if there is no suitable or willing relative or friend available, or if there is a conflict of interest between the ward and the person who would otherwise have been appointed, or where there is disagreement among a ward's relatives about how his/her affairs should be managed, the President of the High Court can appoint the General Solicitor for Minors and Wards of Court to act as the Committee. The General Solicitor takes the responsibility of acting as Committee very seriously and strives at all times to act in the best interest of each ward. In so doing the General Solicitor often uses the services of others, including social workers, to assist her. 

The Courts Service has advised that the Committee of the Estate is involved in the management of the ward's assets and in matters relating to the ward's income and expenditure needs. The Committee of the Person has a role in matters relating to the welfare of the ward. If a family member, friend or other person close to the ward wishes to have more involvement in the welfare, property and affairs of a ward that person may apply to be appointed as Committee by writing to the Office of the General Solicitor. That person may apply to be a Committee of the Person or of the Estate or a Committee of both the Person and the Estate. The decision whether or not to appoint such person as Committee is a matter for the President of the High Court.

The Deputy will be aware that the Assisted Decision-Making (Capacity) Act 2015 provides for the replacement of the adult wards of court system by a less intrusive system.  The proposed new system will offer a continuum of options to support people in maximising their decision-making capability.

Part 6 of the 2015 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 specific decision making supports available under the Act to adults with capacity difficulties will be decision-making assistants, co-decision-makers and decision-making representatives, all of whom will be supervised by the Director of the Decision Support Service.