Ivana Bacik (Dublin Bay South, Labour)
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503. To ask the Minister for Children, Equality, Disability, Integration and Youth the timeline for the publication of the amended Assisted Decision-Making (Capacity) Act 2015. [43688/21]

Roderic O'Gorman (Dublin West, Green Party)
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The Assisted Decision-Making (Capacity) Act 2015 (the 2015 Act) is a very important piece of legislation that changes the existing law on capacity from the status approach of the wardship system to a flexible functional approach, whereby capacity is assessed on an issue and time-specific basis.  It will abolish the wards of court system for adults by repealing the Lunacy Regulation (Ireland) Act 1871.  Adults currently in wardship will transition to the new decision-making support arrangements on a phased basis over 3 years from the date of commencement.

The Government made a commitment in the Programme for Government to commencing the 2015 Act, recognising the importance of the much needed reform it represents.  We are working towards a date of June 2022 for full commencement. 

Amendments are also required to the 2015 Act before full commencement can take place.  Work is actively taking place on an Assisted Decision-Making (Capacity) (Amendment) Bill, which is expected to be published by year-end and enacted early next year.  The amendments will streamline processes in the interests of those using its provisions.  They will also strengthen the safeguards included in the 2015 Act.