Roderic O'Gorman (Dublin West, Green Party)
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I can confirm that the Assisted Decision-Making (Capacity) (Amendment) Bill is the responsibility of my Department.  It transferred to my Department from the Department of Justice in October last year under S.I. No. 436/2020 Disability, Equality, Human Rights, Integration and Reception (Transfer of Departmental Administration and Ministerial Functions) Order 2020.  This legislation was not the responsibility of the Minister for Health but has transferred to me because it is a key part of the reforms necessary to implement the Convention on the Rights of Persons with Disabilities for which I am responsible.

The Assisted Decision-Making (Capacity) Act 2015 (the 2015 Act) provides a modern statutory framework to support decision-making by adults with capacity difficulties.  It ultimately provides for the end of the wardship system and the establishment of a new Decision Support Service (DSS).  The 2015 Act is primarily the policy responsibility of my Department except for Part 8 of the 2015 Act which deals with advance healthcare planning and is the responsibility of the Department of Health.   

My Department chairs the Inter-Departmental Steering Group (IDSG), previously under the remit of the Department of Justice and Equality, which includes the Decision Support Service, the Mental Health Commission, the Courts Service, the HSE and the Department of Health.  Its remit is to ensure that IDSG members are taking the actions necessary to ensure that the 2015 Act is commenced by June 2022.  To this end I secured a budget of €5.8m for 2021 for the DSS to enable it to develop the necessary systems, including IT systems, to become operational.  My officials are also working on the Assisted Decision-Making (Capacity) (Amendment) Bill with the aim of enactment by year-end.