Anne Rabbitte (Galway East, Fianna Fail)
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 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.

The Decision Support Service (DSS), which is the organisation that will operate the provisions of the 2015 Act, will respond to the complex decision-making needs of people with capacity difficulties. To date, the Decision Support Service has made considerable progress in preparing to operate the 2015 Act.

Amendments are required to the 2015 Act before full commencement can take place. The Assisted Decision-Making (Capacity) (Amendment) Bill 2022, will streamline processes in the interests of those using its provisions. Amendments will also strengthen the safeguards included in the 2015 Act.

The Programme for Government remains committed to commencing the amended 2015 Act, recognising the importance of the much needed reform that it represents. The Assisted Decision-Making (Capacity) (Amendment) Bill 2022 has passed through the Dáil and recently passed Seanad Committee Stage on October 6th. Once this Bill has been enacted, the Government will move to quickly commence the 2015 Act thereafter.