Mark Ward (Dublin Mid West, Sinn Fein)
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440. To ask the Minister for Children, Equality, Disability, Integration and Youth the commencement date of the Assisted Decision-Making (Capacity) (Amendment) Act 2022; and if he will make a statement on the matter. [9644/23]

Anne Rabbitte (Galway East, Fianna Fail)
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The Assisted Decision-Making (Capacity) (Amendment) Act 2022 (the 2022 Act) makes amendments to the Assisted Decision-Making (Capacity) Act 2015 (the 2015 Act), particularly with regard to the streamlining of processes in the interests of those using the provisions, and the strengthening of safeguards under the 2015 Act. 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 more rights based and flexible approach, whereby capacity is assessed on an issue and time-specific basis.

The 2015 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.

The Assisted Decision-Making (Capacity) (Amendment) Act 2022 was signed into law on 17 December last. The Government remains committed to the commencement of this Act, and the 2015 Act, 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. The passage of the 2022 Amendment Act was required in order to provide the legal basis to progress these final preparations.

I will be in a position to commence both the 2022 Act, and the 2015 Act, on 26 April 2023. This will have the effect of abolishing wardship and brining into operation the new system of decision supports.

Pauline Tully (Cavan-Monaghan, Sinn Fein)
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441. To ask the Minister for Children, Equality, Disability, Integration and Youth the timeframe for the commencement of the Assisted Decision-Making (Capacity) (Amendment) Act 2022, which was enacted in December 2022; and if he will make a statement on the matter. [9669/23]

Anne Rabbitte (Galway East, Fianna Fail)
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The Assisted Decision-Making (Capacity) (Amendment) Act 2022 (the 2022 Act) makes amendments to the Assisted Decision-Making (Capacity) Act 2015 (the 2015 Act), particularly with regard to the streamlining of processes in the interests of those using the provisions, and the strengthening of safeguards under the 2015 Act. 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 more rights based and flexible approach, whereby capacity is assessed on an issue and time-specific basis.

The 2015 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.

The Assisted Decision-Making (Capacity) (Amendment) Act 2022 was signed into law on 17 December last. The Government remains committed to the commencement of this Act, and the 2015 Act, 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. The passage of the 2022 Amendment Act was required in order to provide the legal basis to progress these final preparations.

I will be in a position to commence both the 2022 Act, and the 2015 Act, on 26 April 2023. This will have the effect of abolishing wardship and bringing into operation the new system of decision supports.