Ken O'Flynn (Cork North-Central, Independent Ireland Party)
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1784. To ask the Minister for Children, Equality, Disability, Integration and Youth if she will provide an update on the status of Hillcrest Respite Centre, Glanmire, County Cork; the reasons that led to its closure in 2024, given the serious upset and distress caused to families who relied on this vital service; which continues to impact them; when the facility is expected to reopen; if it will remain open on a permanent basis; and if it can be ensured that much needed stability will be provided for the children and families who use the service, as the ongoing uncertainty around its future is causing significant and undue upset. [18574/25]

Hildegarde Naughton (Galway West, Fine Gael)
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As this question refers to service matters, I have asked the Health Service Executive (HSE) to respond to the Deputy directly, as soon as possible.

Matt Carthy (Cavan-Monaghan, Sinn Fein)
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1785. To ask the Minister for Children, Equality, Disability, Integration and Youth for an update on the work of the Decision Support Service; and if she will make a statement on the matter. [18576/25]

Matt Carthy (Cavan-Monaghan, Sinn Fein)
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1786. To ask the Minister for Children, Equality, Disability, Integration and Youth the allocation received by the Decision Support Service, by year, in tabular form; and if she will make a statement on the matter. [18577/25]

Hildegarde Naughton (Galway West, Fine Gael)
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I propose to take Questions Nos. 1785 and 1786 together.

I thank the Deputy for their questions regarding the Decision Support Service (DSS).

The DSS is responsible for the operation of many of the functions under the Assisted Decision-Making (Capacity) Act 2015. These functions include promoting awareness and providing information about the Act, regulating and registering decision support arrangements, supervising the actions of decision supporters, maintaining a panel of suitable persons who act as decision-making representatives, special visitors and general visitors as well as investigating complaints. The DSS ultimately exists to promote the rights and interests of people who may need support with decision-making through a framework that emphasises the will and preference of each individual.

To facilitate the performance of these duties my Department has provided the DSS with the below allocation for the years 2021-2025.

The 2024 Annual Report of the Director of the Decision Support Service’s Activities is with the Board of the Mental Health Commission and will be presented to my Department in June 2025. The report outlines the activities of 2024 in detail.

The 2023 report of the Director of the DSS can be found on the MHC and DSS website. It provides information on all the functions and activities of the DSS. Further information on their functions and activities is available on the DSS website which is updated regularly.

Matt Carthy (Cavan-Monaghan, Sinn Fein)
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1787. To ask the Minister for Children, Equality, Disability, Integration and Youth her targets for decision support arrangements and enduring powers of attorney activated in the years 2019 to date, by category and by year, in tabular form; and if she will make a statement on the matter. [18578/25]

Hildegarde Naughton (Galway West, Fine Gael)
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Thank you for your question in relation to the targets for both decision support arrangements and Enduring Powers of Attorney (EPAs).

The Decision Support Service (DSS) has statutory responsibility for the operation of many of the provisions of the Assisted Decision-Making (Capacity) Act 2015, including the processing and registering of EPAs and certain decision support arrangements. The Act provides a modern statutory framework to support decision-making by adults with capacity difficulties and represents a crucial shift away from a ‘best interests’ approach to a rights-based approach to capacity, with the privileging of a person’s will and preferences as a central feature of the Act.

The 2015 Act commenced in April 2023, and since then over 2,200 EPAs have been registered with the DSS, ensuring that persons have support structures of their choosing in the event of diminished decision-making capacity at a later juncture. A further 1,300 decision support arrangements were also notified or registered during that period.

No decision support arrangements were made prior to April 2023. EPAs made prior to that date were made under the Powers of Attorney Act 1996, which falls under the remit of the Minister for Justice. Neither the DSS nor I are a notice party under the 1996 Act and does not receive Notices of Intention to Register EPAs under the 1996 Act.

While I am aware of initial demand forecasting produced by the Decision Support Service prior to the commencement of the 2015 Act and the subsequent amendments to it in the Amendment Act of 2022, and based on the available data at that time, neither I nor my predecessor set targets for the number of decision support arrangements to be created annually.

This is because certain decision support arrangements will by necessity be demand led and be needed only as and when individuals experience capacity difficulties, and also because my focus on the early years of the operation of the new system is to ensure the effective and timely access to decision support arrangements for the people who need them.

That being said I would encourage as many people as possible to engage in advance planning for the future and consider the making of an Enduring Power of Attorney and an Advance Healthcare Directive.

The data on uptake of the new system of EPAs and decision support arrangements strongly indicates that adults are increasingly planning ahead for a time when they may lose capacity, and are utilising the tiered decision-support arrangements available for those experiencing capacity difficulties.

Matt Carthy (Cavan-Monaghan, Sinn Fein)
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1788. To ask the Minister for Children, Equality, Disability, Integration and Youth the mechanism by which a person can seek to avail of mechanisms of the Decision Support Service in emergency circumstances; and if she will make a statement on the matter. [18579/25]

Matt Carthy (Cavan-Monaghan, Sinn Fein)
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1789. To ask the Minister for Children, Equality, Disability, Integration and Youth the targeted average processing time for decision support arrangements and enduring powers of attorney activated via the Decision Support Service; the average processing time in the years 2023 to date, by year, in tabular form; and if she will make a statement on the matter. [18580/25]

Matt Carthy (Cavan-Monaghan, Sinn Fein)
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1790. To ask the Minister for Children, Equality, Disability, Integration and Youth the options open to a person looking to avail of the services of the Decision Support Service to whom online services are not practically available; and if she will make a statement on the matter. [18582/25]

Hildegarde Naughton (Galway West, Fine Gael)
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I propose to take Questions Nos. 1788, 1789 and 1790 together.

I thank the Deputy for their questions regarding the Decision Support Service (DSS). The DSS has statutory responsibility for the operation of many of the provisions of the Assisted Decision-Making (Capacity) Act 2015, which commenced in April 2023. Ensuring that the services provided by the DSS are accessible and available to all persons wishing to plan for the future or to put in place a decision support arrangement is a priority.

In July 2024 the DSS introduced an Accessibility Policy, the purpose of which is to meet the needs of service users, and includes the establishment of a dedicated helpdesk to assist those who require additional support in making an application for an Enduring Power of Attorney (EPA) via the online portal.

It is important to note that there remains a facility for manual EPA applications to be submitted by those who cannot, for a variety of reasons, utilise the online application system. The accessibility policy sets out that the DSS will ensure that individuals who are unable to utilize the online portal are facilitated in making an EPA application manually. The DSS will support a person at all times so that they can progress their application.

The enhanced helpdesk service, alongside helpful instructional videos and other guidance material provided on the DSS website, have seen an increased volume of EPAs being registered, with over 1,800 being registered from July 2024 to the end of March 2025.

Details of processing times of decision support arrangements and EPAs, by year, are provided below in tabular form. The DSS keeps all of its timelines and processes under continuous review.

The mechanism by which a person can seek to avail of mechanisms of the DSS in emergency circumstances is slightly different depending on the decision support arrangement.

In respect of decision-making representation orders, the DSS does not have a function in relation to the management of applications as responsibility falls to the Circuit Court for the appointment of a decision-making representative. These are managed by the Courts Service. The court may make interim orders in appropriate circumstances. The DSS does register the orders under s.38(2)(b) for Part 5 when it has been made by the Court.

In relation to enduring powers of attorney, firstly, the person making the enduring power (the donor) must have capacity to do so. The two-step process - registration and subsequent notification to activate the EPA if required- is set by the 2015 Act. Any donor seeking to make an EPA urgently in circumstances where there is a perceived risk that the donor’s capacity may soon be negatively impacted should contact the DSS directly for guidance and support. The DSS has received only a very small number of such enquiries and assisted the donors in all cases to quickly put in place the necessary measures.

The procedure for making and registering a co-decision-making agreement is set by the 2015 Act. A co-decision-making agreement must be registered with the DSS to be valid. A person makes specified decisions jointly with their co-decision-maker. A five week notice period must elapse before a submitted co-decision-making agreement may be reviewed by the DSS for registration. Properly understood, it is difficult to envisage an emergency requirement for a co-decision-making agreement. However, applicants who believe that they urgently require a co- decision-making agreement should contact the DSS for guidance and support.

The procedure for making the lowest tier decision-making assistance agreement and notifying it to the DSS is set by regulation (S.I. 205/2023). A decision-making assistant has limited functions and does not make decisions but rather provides information and assistance to the person being supported. Under the Regulations, a correctly made decision-making assistance agreement takes effect from the date of its execution and does not require a DSS process to be a valid document. It is difficult to envisage an emergency in which the functions of decision-making assistant could not be supplied in another way.

I encourage all adults to think about advance planning. Any person looking to make an application through the DSS’s online services is encouraged to contact the DSS helpdesk by phone at (01) 211 9750 or by email at queries@decisionsupportservice.ie regarding any concerns or difficulties they may have regarding accessing and interacting with the online portal.