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Dáil

Written answer

Legislative Reviews

1529. Deputy Shane Moynihan asked the Minister for Children, Disability and Equality if there are plans to review the Assisted Decision-Making (Capacity) Act 2015 and its implementation; if so, the timeline for any such review; and the way in which the lived experience of individuals who have engaged with the assisted decision-making framework, their families and supporters, will be taken into account as part of this process. [44029/26]

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Emer Higgins Minister of State at the Department of Children, Disability and Equality Fine Gael

On 26 of April 2023 the Assisted Decision-Making (Capacity) Act 2015, along with most of the Assisted Decision-Making (Capacity) (Amendment) Act 2022, was commenced, bringing 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 a new rights-based statutory framework to support decision-making by adults with capacity difficulties.

The Act represents a major change in the way capacity is viewed in the State, and realises 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 by placing individuals at the centre of decisions that affect them and providing for the necessary supports to enable persons with capacity difficulties to retain control over their own affairs and the decisions which affect them.

The 2015 Act provides for a review of its operation and effectiveness within 5 years of its commencement. This review is also a commitment in the Programme for Government. The Department intends to commence work on this review in 2026.

Central to the review will be the views of those with lived experiences of the Act and their families, alongside a wide range of stakeholders including Disabled Persons’ Organisations, advocacy groups, and service providers.

A written report of the findings of the review and the conclusions drawn from those findings will be laid before each House of the Oireachtas, as required under the 2015 Act.

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