Written answers

Thursday, 2 December 2021

Department of Children, Equality, Disability, Integration and Youth

Assisted Decision-Making

Photo of Pauline TullyPauline Tully (Cavan-Monaghan, Sinn Fein)
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128. To ask the Minister for Children, Equality, Disability, Integration and Youth the roles that have been filled within the Decision Support Service since the Assisted Decision-Making (Capacity) Act 2015 was passed in 2015; if there are unfilled roles within the Decision Support Service that will be required to be filled before it becomes operational; the roles in this regard; and if he will make a statement on the matter. [59564/21]

Photo of Roderic O'GormanRoderic O'Gorman (Dublin West, Green Party)
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The Assisted Decision-Making (Capacity) Act 2015 (the 2015 Act) is an important piece of legislation that represents significant legal reform. It 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. 

The Decision Support Service (DSS) is the organisation that will operate the progressive provisions of the 2015 Act.  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.

The Decision Support Service currently have a total of 20.5 Whole Time Equivalents (WTEs) across a range of different roles.

Additionally, the DSS is fully supported by the Corporate Operation functions within the Mental Health Commission, including Finance, Human Resources, IT, Procurement, Communications and also by the MHC General Counsel. On a pro-rata basis this equates to an effective 9.5 WTEs.

Currently there are 15 sanctioned roles to be filled within the Decision Support Service, including two assistant principals, an engineer grade, four higher executive officers, six executive officers and two clerical officers. There are also 2.75 WTE shared Corporate Operation roles currently unfilled. The DSS is working to fill these posts.

Photo of Pauline TullyPauline Tully (Cavan-Monaghan, Sinn Fein)
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129. To ask the Minister for Children, Equality, Disability, Integration and Youth if there is a code of practice in place for the Decision Support Service; and if he will make a statement on the matter. [59565/21]

Photo of Roderic O'GormanRoderic O'Gorman (Dublin West, Green Party)
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The Decision Support Service (DSS) is the organisation that will operate the progressive  provisions of the Assisted Decision-Making (Capacity) (Act) 2015 Act, and will respond to the complex decision-making needs of people with capacity difficulties.

In terms of the DSS's own governance arrangements, much of the activity of the Decision Support Service will be set out in primary law and directed by the provisions of the 2015 Act once amended and commenced, and by regulations prescribed by the Minister. Additionally, the DSS is currently based within the Mental Health Commission, and the governance arrangements that apply to the Commission. Arrangements have also been put in my own Department to support the DSS in becoming fully operational by July 2022 and to further ensure the proper governance of the Decision Support Service itself.

The Decision Support Service has the role under the Assisted Decision-Making (Capacity) Act 2015 to prepare or have prepared codes of practice for the guidance of decision supporters and professionals engaging with people with capacity difficulties.  A range of draft codes of practice have been developed with the support of the National Disability Authority and of the HSE.  Consultation on these codes of practice is currently ongoing and will continue into early January of next year.  

Photo of Pauline TullyPauline Tully (Cavan-Monaghan, Sinn Fein)
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130. To ask the Minister for Children, Equality, Disability, Integration and Youth the level of fees agreed for persons accessing the services of the Decision Support Service; and if he will make a statement on the matter. [59566/21]

Photo of Roderic O'GormanRoderic O'Gorman (Dublin West, Green Party)
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The Assisted Decision-Making (Capacity) Act 2015 (the 2015 Act) is an important piece of legislation that represents significant legal reform. 

The Decision Support Service (DSS), 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. Some of these services will be subject to fees, which are to be prescribed by regulations that are currently being drafted by my Department, in collaboration with the Decision Support Service and other relevant stakeholders.

These fees are being developed having regard to best practice in comparable national and international contexts. A key principle will be that fees should not be a barrier to persons accessing decision support services. A waiver system is also being developed to ensure that those with limited income who are unable to pay the fees will still be able to access these important services.

Photo of Pauline TullyPauline Tully (Cavan-Monaghan, Sinn Fein)
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131. To ask the Minister for Children, Equality, Disability, Integration and Youth the budget allocation to the Decision Support Service in 2021 and 2022; and if he will make a statement on the matter. [59567/21]

Photo of Roderic O'GormanRoderic O'Gorman (Dublin West, Green Party)
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The Decision Support Service (DSS), is the organisation that will operate the progressive provisions of the Assisted Decision-Making (Capacity) Act 2015, and which 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 its 2021 allocation and a doubling financial resources since the transfer of functions to my Department in 2020.  The increase in funding is intended to enable the Decision Support Service to become operational by June 2022.

Photo of Pauline TullyPauline Tully (Cavan-Monaghan, Sinn Fein)
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132. To ask the Minister for Children, Equality, Disability, Integration and Youth if regulations have been finalised for the Decision Support Service to provide for multiple procedural and documentary matters; and if he will make a statement on the matter. [59568/21]

Photo of Roderic O'GormanRoderic O'Gorman (Dublin West, Green Party)
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The Assisted Decision-Making (Capacity) Act 2015 (the 2015 Act) is an important piece of legislation that represents significant legal reform. It 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. 

The Decision Support Service (DSS), 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. Several sections of the Act require the Minister to prescribe regulations, which will specify particular activities to be undertaken by the Decision Support Service, including procedural and documentary matters.

The drafting of these regulations is currently under way and there has been significant engagement between the relevant parties required. Some provisions of the proposed Assisted Decision-Making (Capacity) (Amendment) Bill also allow for the making of regulations and these are being progressed in parallel to the drafting of that Bill.

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 and the Group is tracking the progress of a number of project milestones, including the delivery of the required regulations, to ensure full commencement of the 2015 Act by June 2022.

Photo of Pauline TullyPauline Tully (Cavan-Monaghan, Sinn Fein)
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133. To ask the Minister for Children, Equality, Disability, Integration and Youth the terms and conditions for Decision Support Service panel members; and if he will make a statement on the matter. [59569/21]

Photo of Roderic O'GormanRoderic O'Gorman (Dublin West, Green Party)
Link to this: Individually | In context | Oireachtas source

The Assisted Decision-Making (Capacity) Act 2015 (the 2015 Act) is an important piece of legislation that represents significant legal reform. It 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. 

The Decision Support Service (DSS) is the organisation that will operate the progressive provisions of the 2015 Act.  The DSS has responsibility under the Act for establishing and maintaining panels, the members of which will perform certain specified functions, such as acting as decision-supporters in the various contexts envisioned by the Act. These panels include decision-making representatives, special visitors, general visitors and court friends.

Panel members are to be appointed subject to terms and conditions as determined by the Minister with the consent of the Minister for Public Expenditure and Reform. Preparation for recruitment to panels is  underway, including finalising the terms and conditions that will apply to panel members. 

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 and the Group is tracking the progress of a number of project milestones, including the terms and conditions for panel members, and their appointment, in order to ensure full commencement of the 2015 Act by June 2022 and full operationalisation of the DSS by July 2022.

Photo of Pauline TullyPauline Tully (Cavan-Monaghan, Sinn Fein)
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134. To ask the Minister for Children, Equality, Disability, Integration and Youth if education and training has been provided for stakeholders (details supplied) in advance of the full commencement of the Assisted Decision-Making (Capacity) Act 2015 and the Decision Support Service becoming operational; and if he will make a statement on the matter. [59571/21]

Photo of Roderic O'GormanRoderic O'Gorman (Dublin West, Green Party)
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The Government has committed to the full commencement of the Assisted Decision-Making (Capacity) Act 2015 by June 2022. There is a substantial programme of work that must be completed in advance of that date. This includes working with stakeholders to ensure the necessary delivery of education and training to those involved in the delivery of key provisions contained in the 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 the Equality function to my Department in 2020. This investment is to support the delivery of further resources in preparation for the commencement of the 2015 Act.

To date, the Decision Support Service has developed a website providing a range of information and resources for stakeholders and the general public, which includes training material. The Director of the Decision Support Service is also heavily engaged in a number of activities to disseminate information regarding the Act's provisions in a variety of fora.

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 group consists of officials from my Department, the Decision Support Service, Department of Justice, Department of Health, the Health Service Executive and the Courts Service, and Group members and their organisations have supported a number of awareness raising activities and are each looking to the supports required in their own sectors and networks.

My Department is available to provide support to stakeholders in preparation of the commencement of the Act and both Minister Rabbitte and I have had personal involvement in a number of events to raise awareness of the Act and of the new system that is being put in place. 

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