Fergus O'Dowd (Louth, Fine Gael)
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160. To ask the Minister for Children, Equality, Disability, Integration and Youth if he will give reassurance to older persons that their liberties will be protected if they are unable to express their will and preferences for themselves given Ireland’s ageing population and the need to improve legislation to protect older persons in the future; when legislation will be introduced to specify clear legal procedures in relation to protection of liberty safeguards given that there is no statutory provision that a person should not be detained in a care setting against their will in the assisted decision-making (capacity) (Amendment) Bill 2022; and if he will make a statement on the matter. [31153/22]

Anne Rabbitte (Galway East, Fianna Fail)
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The Assisted Decision-Making (Capacity) (Amendment) Bill 2022 does not directly address protection of liberty safeguards. However, it will allow for the full commencement of the Assisted Decision-Making (Capacity) (Amendment) Act 2015 which 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 Act will replace the wards of court system with a rights based model of tiered decision supporters, who will act in accordance with the will and preference of the relevant person. It will not be open for a decision supporter to arrange for treatment or care of a person against that person's will and preference.

Following the abolition of wardship, the inherent jurisdiction of the High Court will be the appropriate legal vehicle for any instance in which the issuing of a detention order is considered necessary for care or treatment and where there is an urgent risk of harm. The court will assess any such applications in the context of the rights at play and the commencement of the 2015 Act, as amended. 

This will be an interim arrangement pending the delivery of dedicated deprivation of liberty safeguards legislation. Protection of liberty safeguards legislation is the responsibility of the Minister for Health.  Work has been underway in the Department of Health on this, with a public consultation held in 2019. Unfortunately this work was paused to give initial priority to responses to the pandemic, however work has now resumed. This legislation will provide a comprehensive legal framework for the issues the Deputy has raised, in a manner that is cognisant of the provisions of the Assisted Decision-Making (Capacity) Act, as amended.