Cabinet approves General Scheme of the Assisted Decision-Making (Capacity) (Amendment) Bill

• Landmark legislation will end wardship system in Ireland

Minister for Children, Equality, Disability, Integration and Youth, Roderic O’Gorman ,T.D., and Minister of State with Special Responsibility for Disabilities, Anne Rabbitte, T.D., have received Cabinet approval to commence drafting the Assisted Decision-Making (Capacity) (Amendment) Bill 2021.

The proposed legislation will amend the Assisted Decision-Making (Capacity) Act

2015, improving processes and safeguards for those who will make use of the new decision-making supports. The full commencement of this Act will bring about an end to wardship in Ireland, changing the existing law on capacity from the status approach of the wardship system to a flexible functional approach, where capacity is assessed on an issue and time-specific basis.

The proposed Bill also includes measures to further realise the United Nations Convention on the Rights of Persons with Disabilities in Ireland, including legislating for the Irish Human Rights and Equality Commission's (IHREC) position as the national monitoring body for the United Nations Convention on the Rights of Persons with Disabilities, and increasing the public sector duty regarding the employment of persons with disabilities from 3% to 6%.

The Decision Support Service (DSS), which is the organisation that will operate the progressive provisions of the 2015 Act, will respond to the complex decision-making needs of people with capacity difficulties.

Minister O’Gorman stated:

“The approval by Cabinet will mean that the necessary amendments required to bring about the full commencement of the 2015 Act can be quickly brought forward, and we can bring an end to the wardship system in Ireland. Government recognises the importance of the much needed and long awaited reform that the Act represents, and has committed to implementing the Act by June of next year, when the Decision Support Service will become fully operational.”

Minister Rabbitte commented:

“The commencement of the 2015 Act is a key Programme for Government commitment and a clear obligation under the United Nations Convention on the Rights of Persons with Disabilities. The importance and significance of the reform that is represented by the Assisted Decision-Making (Capacity) Act cannot be understated and I am equally aware of the scale of that reform and the practical impact it will have on people’s lives.”

Government has committed to full commencement of the amended 2015 Act by June 2022, and full operationalisation of the Decision Support Service by July 2022.