Mark Ward (Dublin Mid West, Sinn Fein)
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169. To ask the Minister for Children, Equality, Disability, Integration and Youth the engagement that his Department has had with the Department of Health in amending the Assisted Decision-Making (Capacity) Act 2015; and if he will make a statement on the matter. [28278/22]

Anne Rabbitte (Galway East, Fianna Fail)
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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 Act 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. 

Amendments are required to the 2015 Act before full commencement can take place.  Work has been ongoing on the Assisted Decision-Making (Capacity) (Amendment) Bill, which was published on 30th May this year and which I look forward to taking through the Houses. 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 comprising senior officials from my Department, the Department of Health, the Department of Justice, the Mental Health Commission, the Courts Service and the HSE, together with the Director of the DSS, has overseen the preparations for commencement of the Act. This group has met regularly in the context of making preparations for the full operationalisation of the Decision Support Service, including preparing the Assisted Decision-Making (Capacity) (Amendment) Bill 2022. There has been further and extensive bilateral engagement between members and member organisations, and other organisations not permanently represented on the Group, as has been required.

Part 8 of the 2015 Act is and remains the responsibility of the Minister for Health. Significant engagement has taken place between the Department of Health and my own Department regarding required amendments to that Part, and the Act as a whole, which has been facilitated the by the Inter-Department Group and by further bilateral engagement.