Mark Ward (Dublin Mid West, Sinn Fein)
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641. To ask the Minister for Children, Equality, Disability, Integration and Youth the status of the assisted decision-making (capacity) (amendment) Bill; the Houses of the Oireachtas committee that will be undertaking pre-legislative scrutiny of same; and if he will make a statement on the matter. [52723/21]

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.

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.

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 and 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.

No decision has yet been made on the Oireachtas Committee that will conduct pre-legislative scrutiny of the General Scheme. However, following the transfer of the Equality function to my Department it is likely to be the Committee on Children, Disability, Equality and Integration.