Duncan Smith (Dublin Fingal, Labour)
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457. To ask the Minister for Children, Equality, Disability, Integration and Youth if the decision support service which was established under the Assisted Decision-Making (Capacity) Act 2015 to provide an essential service for persons who face difficulties exercising their decision-making capacity will come into effect before Dáil Éireann rises for the summer recess; and if he will make a statement on the matter. [36065/22]

Anne Rabbitte (Galway East, Fianna Fail)
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The Government is committed to the abolition of wardship and to replacing it with a more person-centred and rights-based functional capacity model. The enactment of the Assisted Decision-Making (Capacity) (Amendment) Bill 2022 will allow for the commencement of the Assisted Decision-Making (Capacity) Act 2015. 

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.  

The Amendment Bill has been published and passed Dail Report Stage on 29 June. It will be introduced to the Seanad in the coming weeks and the remaining Seanad stages will be progressed as quickly as possible in the autumn session. It is intended to have the Bill enacted, and the 2015 Act commenced, at the earliest possible opportunity.

Once the amended Act is commenced, the Decision Support Service will become fully operational.  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. The preparations of the Decision Support Service have gone well, and have been supported by an Inter-Departmental Steering Group. The DSS is in the process of finalising its own procedures for going live and will be ready to operate the progressive provisions of the new legislation when the legislation is commenced.