Holly Cairns (Cork South West, Social Democrats)
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116. To ask the Minister for Children, Equality, Disability, Integration and Youth the steps that he is taking to end the wardship system. [50333/22]

Anne Rabbitte (Galway East, Fianna Fail)
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The Government is committed to the abolition of wardship and to replacing it with a more person-centred and rights-based functional capacity model. The enactment of the Assisted Decision-Making (Capacity) (Amendment) Bill 2022 will allow for the commencement of the Assisted Decision-Making (Capacity) Act 2015.

The Assisted Decision-Making (Capacity) Act 2015 (the 2015 Act) is a very important piece of legislation that 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.

It 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.

Amendments are required so that full commencement of the 2015 Act can take place. The amendments will streamline processes, in the interests of those using its provisions. They will also strengthen the safeguards included in the 2015 Act. A number of measures in the Bill will also give further effect to the state’s ratification of the UNCRPD.

The Amendment Bill is currently progressing through the Seanad, having cleared all Dáil Stages. It is intended to have the Bill enacted, and the 2015 Act commenced, at the earliest possible opportunity.

Once the amended Act is commenced, the Decision Support Service (DSS) will become fully operational. The DSS is the organisation that will operate the progressive provisions of the 2015 Act and will respond to the complex decision-making needs of people with capacity difficulties. To date, the Decision Support Service has made considerable progress in putting in place the administrative and IT systems needed to operate the 2015 Act. These preparations have been supported by an Inter-Departmental Steering Group.

€8.3 million was secured for the DSS in 2023. This represents the third consecutive budgetary increase for the DSS and reflects government’s commitment to the abolition of wardship and the replacement of that system with the appropriate suite of rights based decision supports.