Written answers
Monday, 9 September 2024
Department of Justice and Equality
Assisted Decision-Making
Michael Lowry (Tipperary, Independent)
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1197.To ask the Tánaiste and Minister for Justice and Equality to provide the necessary investment to establish systems that support the full implementation of the Assisted Decision-Making (Capacity) Act 2015 for disability service providers, as requested by an organisation (details supplied) in its pre-budget 2025 submission; if she will take this matter into consideration when finalising her budget 2025 plans; and if she will make a statement on the matter.[35683/24]
Helen McEntee (Meath East, Fine Gael)
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As the Deputy may be aware, the Programme for Government commits to commencing the Assisted Decision Making (Capacity) Act 2015, and the necessary amending legislation, recognising the importance of the much-needed reform that it represents. The Assisted Decision-Making (Capacity) (Amendment) Act 2022 was signed into law in December 2022.
The Acts bring into effect a new legislative framework to support decision making by adults with capacity difficulties. They provide for a three-tier framework of decision making assistance arrangements, co-decision making agreements, and decision making representation orders.
The 2015 Act also provides for the long overdue repeal of the Lunacy Regulation (Ireland) Act 1871 and the bringing to an end of the system of wardship for adults. All existing wards of court will be discharged over a three-year period and, if appropriate, transitioned to a decision support arrangement under the Act.
Responsibility for the Assisted Decision Making (Capacity) Act 2015 now rests with my colleague, the Minister for Children, Disability, Equality, Integration and Youth Minister O'Gorman, and his Department.
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