Neasa Hourigan (Dublin Central, Green Party)
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880. To ask the Tánaiste and Minister for Justice and Equality further to Parliamentary Question No. 500 of 25 October 2022, the specific allocation in budget 2023 to the budget of the Courts Service for the implementation of the Assisted Decision Making (Capacity) Act 2015; and if she will make a statement on the matter. [55291/22]

Helen McEntee (Meath East, Fine Gael)
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The Programme for Government commits to commencing the Assisted Decision Making (Capacity) Act 2015, recognising the importance of the much-needed reform that it represents. The Act will bring into effect a new legislative framework to support decision making by adults with capacity difficulties. The Act provides for a three tier framework of decision making assistance arrangements, co-decision making agreements, and decision making representation orders.

The 2015 Act also provides for the long overdue repeal of the Lunacy Regulation (Ireland) Act 1871 and the bringing to an end of the system of wardship for adults. All existing wards of court will be discharged over a three year period and if appropriate they will be transitioned to a decision support arrangement under the Act.

In order to commence the 2015 Act, a number of amendments were required. Responsibility for the Assisted Decision Making (Capacity) Act 2015 now rests with my colleague, the Minister for Children, Disability, Equality, Integration and Youth Minister O'Gorman, and his Department, and I understand he is progressing the Assisted Decision Making (Capacity) (Amendment) Bill 2022 through the Houses of the Oireachtas currently. The Bill contains those necessary amendments to enable the commencement of the full legislation as soon as possible thereafter.

An additional €200,000 was allocated to the Courts Service 2023 budget specifically to support the implementation of the Assisted Decision Making (Capacity) Act 2015.

The Legal Aid Board is also funded from my Department’s vote and an additional €3 million is being  provided in 2023 in respect of legal advice and support to persons under the Assisted Decision Making (Capacity Act).