Roderic O'Gorman (Dublin West, Green Party)
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My intention is to commence the Assisted Decision-Making (Capacity) Act 2015 (the 2015 Act) in June 2022. The 2015 Act provides a modern statutory framework to support decision-making by adults with capacity difficulties. 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, which will provide necessary amendments to the 2015 Act, with the aim of enactment by year-end. In the meantime, I will commence any sections of the 2015 Act that I can, bearing in mind the interconnectedness of the Act. Last month I commenced section 7(1) which repealed the Marriage of Lunatics Act, 1811, and allows adults in wardship to marry if they have capacity to do so.