Darren O'Rourke (Meath East, Sinn Fein)
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643. To ask the Minister for Children, Equality, Disability, Integration and Youth the process, schedule and level of financial resources committed to provide for the commencement of the Assisted Decision-Making (Capacity) Act 2015 by June 2022 and the establishment of the decision support service; and if he will make a statement on the matter. [50459/21]

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 that it represents.  We are working towards a date of June 2022 for full commencement.

The Decision Support Service, which is the organisation that will operate the progressive provisions of the 2015 Act, will respond to the complex decision-making needs of people with capacity difficulties.  To date, the Decision Support Service has made considerable progress in putting in place the administrative and IT systems needed to operate the 2015 Act. A budget of €7.3 million has been secured for the Decision Support Service in 2022. This represents an increase of €1.5 million compared to 2021 and a doubling of financial resources since the transfer of functions to my Department in 2020.

Amendments are 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 enacted by year end.  I will shortly seek Government approval for the General Scheme of the Bill.  The amendments will streamline processes, in the interests of those using its provisions.  They will also strengthen the safeguards included in the 2015 Act.

A high-level Steering Group, chaired by the Department of Children, Equality, Disability, Integration and Youth, meets monthly to oversee and drive progress towards full commencement.  The Steering Group comprises senior officials from relevant Departments and agencies.  It is working towards commencement of the 2015 Act in June 2022, with the Decision Support Service opening for business immediately thereafter.