Anne Rabbitte (Galway East, Fianna Fail)
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I thank the Deputy for the question. As Minister, it is not appropriate for me to interpret an Act of the Oireachtas once it has been passed into law, as that role is reserved for the courts.

In that regard, and with respect to the question raised by the Deputy, engagement with the legal system and the courts may be the most appropriate course of action for the person referenced. The referenced person may wish to seek legal advice, potentially encompassing options such as an application under the inherent jurisdiction of the High Court.

The Assisted Decision-Making (Capacity) Act 2015 (the 2015 Act), as amended by the Assisted Decision-Making (Capacity) (Amendment) Act 2022 (the 2022 Act), was commenced on 26 April 2023. The 2015 Act is an important piece of legislation that represents significant legal reform.

The 2015 Act provides for persons in the State to make an application to appoint a decision supporter to assist where they may lack capacity to make certain decisions for themselves, including personal welfare decisions, and property and affairs decisions.

Section 4 provides the Circuit Court with exclusive jurisdiction under the Act, save for certain specified matters reserved for the High Court. It further sets out the residence requirements to be met in order to make an application or appeal under the Act.

The issue of inter-jurisdictional rules and cooperation under private law for persons who may lack capacity and reside in another state is a complex area of law. The 2000 Hague Convention provides rules for cooperation among ratifying members. Should a person be residing in another country that has ratified the Convention, it will provide a framework to allow for a determination on which State will have jurisdiction to take measures in respect of the protection of a person or their property, as well as to provide for the recognition and enforcement of measures among States. Ireland is currently in the process of ratifying the Convention and this process is expected to be completed in the coming months.