Holly Cairns (Cork South West, Social Democrats)
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97. To ask the Minister for Children, Equality, Disability, Integration and Youth the steps he is taking to provide information to individuals and families impacted by the commencement of the Assisted Decision-Making (Capacity) Act 2015. [6120/23]

Roderic O'Gorman (Dublin West, Green Party)
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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.

My Department chairs an inter-agency steering group which has, for some time, been making preparations for the commencement of the Act. These preparations have included communications and awareness activities related to the Act.

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 for the operation of the 2015 Act.

This includes the provision of information to those who will be affected by the Act, some of whom may be apprehensive by the significant change that is about to take place. Firstly, the DSS provides a range of online resources on its website, including guidance documents, FAQs, recorded presentations and explainer videos, so that individuals and their families can become familiar with the Act. The DSS has recently uploaded an explainer video directed towards families, and the DSS is available to answer calls and emails from the public.

In 2021 the DSS posted a standing invitation on its website and social media channels to stakeholders who wished to request a presentation from the DSS, and a huge response was received. From that point the DSS has presented to diverse stakeholders at hundreds of events to provide an overview of the 2015 Act, including the new support framework and the functions of the DSS.

The DSS has also worked with the HSE to develop a webinar specifically for carers, many of whom are family members of persons who lack capacity, and may avail of decision supports under the new Act. The DSS has also collaborated with the Courts Service, to provide a webinar for current wards and their families, to ensure that they are prepared for the transition from wardship to Assisted Decision-Making.

The DSS, as part of its ongoing statutory function, has also developed a public information campaign across a number of platforms to coincide with the commencement of the Act and the launch of the DSS. If any individual or family member wishes to contact the DSS for information about the Act, the DSS are ready and willing to engage.

The Office of the Wards of Court commenced their communications campaign as far back as 2021, which focused on the provision of information to wards, their committees and legal practitioners in anticipation of the Act's commencement. This campaign includes the provision of letters, electronic communications, webinars, live question and answer sessions, along with the provision of accessible documents.

The Wards of Court website has also been updated providing for a new section on the Act, encompassing in-depth information on the discharge process following feedback received from committees. Staff of the Courts Service have also taken part in webinars, training and awareness raising events over the past two years.

The HSE provides Assisted Decision-Making advice and guidance to its staff and funded services, but also assist staff and services to support the individuals and families who may be affected by the commencement of the Act. A number of resources have been developed for staff, which are also available to individuals, families and the general public on the HSE website. This includes explainer videos on the Act, FAQs, webinars on specific areas of the Act, including one on the rights of the person and the role of families. A book, jointly developed with UCC School of Law and the Decision Support Service, covering personal and professional reflections on the Act, has also been launched.

All events organised by the HSE include the perspective of the person and/or advocacy services, and the HSE also respond directly respond to queries received from staff, individual, families and the general public in relation to the Act. The HSE has also met with organisations such as Family Carers Ireland, the National Federation of Voluntary Service Providers (NFVSP) and Sage, and has supported events on Assisted Decision-Making. A number of organisations that the HSE works with has also been active in providing information and supports to families and individuals.

Amendments were required to the 2015 Act prior to commencement, in order to streamline processes in the interests of those using its provisions, and to strengthen the safeguards contained in the Act. The Assisted Decision-Making (Capacity) (Amendment) Act 2022 is the vehicle for these amendments and was signed into law on 17 December last.

The Government remains committed to commencing the 2015 Act, as amended, as soon as possible. Work is currently underway to draft the necessary Statutory Instruments that are required as part of the commencement process, including the drafting of commencement orders and of regulations that the new system of tiered decision supports will need to function. There are a number of such instruments that will need to be finalised before the 2015 Act, as amended, can be operationalised, and my officials are working closely with the Office of the Attorney General to progress this work in early course.

I expect to be in a position to commence the 2015 Act, as amended, in early 2023.