Written answers

Wednesday, 27 June 2018

Department of Justice and Equality

Commencement of Legislation

Photo of Peter BurkePeter Burke (Longford-Westmeath, Fine Gael)
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152. To ask the Tánaiste and Minister for Justice and Equality the parts of the Assisted Decision Making (Capacity) Act 2015 that have been commenced; the parts that have yet to be commenced; the progress made on disability legislation; and if he will make a statement on the matter. [28102/18]

Photo of Éamon Ó CuívÉamon Ó Cuív (Galway West, Fianna Fail)
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165. To ask the Tánaiste and Minister for Justice and Equality when the provisions of the Assisted Decision Making (Capacity) Act 2015 will be implemented in full; the progress made to date in implementing same; and if he will make a statement on the matter. [28383/18]

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
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I propose to take Questions Nos. 152 and 165 together.

The Assisted Decision-Making (Capacity) Act 2015 provides a modern statutory framework to support decision-making by adults with capacity difficulties. The Act was signed into law on 30 December 2015.

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 (DSS) and this work is ongoing.

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 DSS and to enable the process of recruitment of the Director of the DSS to begin. Ms Áine Flynn was appointed Director of the Decision Support Service on 2 October 2017.

The Minister for Health, under the Assisted Decision-Making (Capacity) Act 2015 (Commencement of Certain Provisions) (No. 2) Order 2016 (S.I. No. 517 of 2016), brought into operation on 17 October 2016 some provisions of Part 8 of the Act relating to advance healthcare directives. The commenced provisions provide for the establishment by the Minister for Health of a multi-disciplinary group to advise in relation to codes of practice on advance healthcare directives.

The key preparations are being put in place under the oversight of the Steering Group to allow for further commencement orders for the provisions of the 2015 Act to be made when the DSS is ready to roll out the new decision-making support options. The Director is also working in a very determined way to get the necessary staff resources, processes, IT system, expert panels, codes of practice and regulations in place in order that the Decision Support Service can be up and running as quickly as possible. There are many complex strands to this work, including involvement of multiple organisations.

Every effort is underway to ensure that the Decision Support Service has all necessary capacity to open for business as soon as possible. My Department has received an outline implementation plan from the Director which contains monthly milestones for realisation of the objective of an active DSS. As time goes on, every effort will be made by all sides to achieve tightening of the timeframes where possible and the situation will continue to be monitored closely by the Steering Group. 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 commencement of Part 8 of the Assisted Decision-Making (Capacity) Act, 2015 which provides for a legislative framework for advance healthcare directives, is a matter for the Minister for Health.

The Disability (Miscellaneous Provisions) Bill contains most of the final legislative amendments needed for compliance with the UN Convention on the Rights of Persons with Disabilities (CRPD).

The Government decided in January 2018 to approve priority drafting for a standalone Bill on deprivation of liberty thereby de-coupling these provisions from the Disability (Miscellaneous Provisions) Bill.

The Equality Division of my Department is currently working with the Office of the Parliamentary Counsel to progress the remaining committee stage amendments which are mostly technical in nature. There has been some work to streamline content so that only what is absolutely necessary for compliance with the CRPD features in the Bill.

It is envisaged that the Bill will reach Committee Stage as soon as possible following the summer recess.

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