Catherine Connolly (Galway West, Independent)
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138. To ask the Minister for Children, Equality, Disability, Integration and Youth his plans for a commission of inquiry into wardship to be carried out in tandem with the planned opening of the decision support service, particularly in view of issues around the oversight of wards’ funds as highlighted in a programme (details supplied); and if he will make a statement on the matter. [56309/21]

Roderic O'Gorman (Dublin West, Green Party)
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Responsibility for the operation of wardship is not a matter for this Department but rather for the courts. Management of the courts, operational matters and logistical functions are the responsibility of the judiciary and Courts Service, which are independent in exercising their functions under the Courts Service Act 1998 and under the separation of powers doctrine set out in the Constitution. The Courts Service has a dedicated email address for the provision of information to members of the Houses of the Oireachtas: oireachtasenquiries@courts.ie.

Wardship is an outdated practice and urgent reform is required. My Department has responsibility for the Assisted Decision-Making (Capacity) Act 2015 (the 2015 Act), which 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 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 its enactment will allow for the commencement of the 2015 Act and the operationalisation of the Decision Support Service, which is the organisation that will operate the progressive provisions of the Act.

A high-level Steering Group, chaired by the Department of Children, Equality, Disability, Integration and Youth, is overseeing progress towards full commencement. The Steering Group comprises senior officials from relevant Departments and agencies.