Barry Ward (Dún Laoghaire, Fine Gael)
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2406. To ask the Minister for Children, Disability and Equality the position regarding any engagement with a group (details supplied) as part of the progression of the Assisted Decision Making (Capacity) (Amendment) Act 2022; and if she will make a statement on the matter. [42479/25]

Hildegarde Naughton (Galway West, Fine Gael)
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I thank the Deputy for the question regarding the Assisted Decision-Making (Capacity) Act, 2015, as amended by the Assisted Decision-Making (Capacity) (Amendment) Act 2022, and engagement with the group referenced.

Addressing the needs and concerns of our stakeholders in regard to the 2015 Act is a foremost priority for my Department.

My Department held a dedicated meeting with representatives of this group during the development of the Act. My Department will continue to engage with stakeholders on the implementation of the Act to ensure that those who face diminished decision-making capacity are enabled to retain as much autonomy over their lives as possible, and have their wishes respected.

Barry Ward (Dún Laoghaire, Fine Gael)
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2407. To ask the Minister for Children, Disability and Equality the position regarding any independent reviews carried out into the Decision Support Service; and if she will make a statement on the matter. [42480/25]

Hildegarde Naughton (Galway West, Fine Gael)
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I thank the Deputy for the question regarding the Decision Support Service (DSS).

The DSS is charged with operating many of the provisions of the 2015 Act (as amended), and with responding to the complex decision-making needs of people with capacity difficulties. 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.

The statutory functions of the DSS include, inter alia, establishing a register of decision support arrangements; promoting public awareness, confidence and providing information and guidance about the Act; establishing panels of special visitors, general visitors and decision-making representatives; and reviewing complaints in regard to the performance of decision-making representatives, co-decision makers and designated healthcare representatives.

Due to their central role in the operation of the 2015 Act, Section 102(3) of the legislation requires the Mental Health Commission to submit to me a report on the effectiveness of the Director of the DSS, on the adequacy of the functions assigned under the Act to the Director, and to include any such recommendations that the Mental Health Commission considers would improve these aspects of the legislation.

I can confirm that this independent report, commissioned by the Mental Health Commission, has been received and is currently under consideration by my Department. This report will be laid before the Houses of the Oireachtas shortly.

The recommendations set out in the report will work to inform a review of the Assisted Decision-Making (Capacity) Act 2015 as provided for within the legislation, and to which we have further committed in the Programme for Government, with the ultimate aim of ensuring that those with diminished decision-making capacity are enabled to retain as much autonomy as is possible over the decisions that affect them.

Barry Ward (Dún Laoghaire, Fine Gael)
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2408. To ask the Minister for Children, Disability and Equality if her attention has been drawn to the concerns of members of the Judiciary in relation to the Decision Support Service (details supplied); the actions she will take to ensure that these concerns are addressed; and if she will make a statement on the matter. [42482/25]

Hildegarde Naughton (Galway West, Fine Gael)
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I thank the Deputy for the question regarding concerns raised by a member of the Judiciary in respect of the requirement under the Assisted Decision-Making (Capacity) Act 2015 for all adult wards of court to be discharged from wardship by 26th April 2026.

The 2015 Act brought about an end to wardship in the State for adults, by repealing the Lunacy Regulation (Ireland) Act 1871 and replacing the wards of court system with the new process for appointing tiered decision support arrangements that is now in effect. This provision contributes to the realisation of Ireland’s ambitions to meet certain requirements under the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) and the European Convention on Human Rights.

The Office of the Wards of Court has responsibility for managing the discharge from wardship process. As of the 25th July 2025 the Office of the Wards of Court have received almost 800 voluntary discharge applications, of which 152 wards of court have been discharged from wardship. Of these, 115 were discharged with a decision-making representation order, eight with a co-decision-making agreement and 29 have been discharged with full capacity.

While the abolition of wardship and the move towards a rights-based model of tiered supports is a landmark legal reform in how Ireland approaches persons with capacity difficulties, it has also necessitated change and reform on a significant scale that requires an adjustment and transition process. I am aware that this adjustment may cause some concerns amongst wards, committees and wider stakeholders. Significant support is available to assist persons transitioning from one system to another. In particular, to facilitate the discharge of wards, a number of supports are available, principally via engagement with the Office of the Wards of Court or the Decision Support Service (DSS). The Office of the Wards of Court has engaged substantially with wards and their committees, offering information and guidance about the discharge process.

Furthermore, the DSS has collaborated with colleagues in the Office of Wards of Court and the Office of the General Solicitor to provide information and assistance for the benefit of wards, their families and committees and for professionals. This has been to provide information about post-wardship supports and potential future engagement with the DSS following discharge from wardship. As part of its statutory functions to promote awareness and understanding about the 2015 Act generally, the DSS has also published information on its website at , with links to other useful resources.

My Department is conscious of the concerns raised by the judiciary, and will continue to work with all relevant organisations in respect of these concerns, on the timely discharge of wards of court, and to facilitate the transition from wardship to the new rights-based models of support.