Written answer
Assisted Decision-Making
3018. Deputy Maeve O'Connell asked the Minister for Children, Disability and Equality when the review enabled by the Assisted Decision-Making Capacity Act 2015 will take place. [58389/26]
Comment on this
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 the new process for appointing tiered decision support arrangements that is now in effect.
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 is also a commitment in the current Programme for Government. The Department intends to commence work on this review before the end of 2026.
Engagement with a wide range stakeholders, including those with a lived experience of the Act, families, disabled persons organisations, service providers, the legal profession, and advocacy groups will be central to this review. 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.